South Africans in England: Divorce & Wealth tips

For South African entrepreneurs, investors and internationally mobile families living in England, family law disputes can carry significant financial implications. Where property portfolios, business interests, trusts and inherited wealth span South Africa and England, the legal landscape becomes considerably more complex.

Differences in disclosure regimes, approaches to asset division, and enforcement mechanisms mean that strategies effective in one jurisdiction may create unintended exposure in another.

London-based international family law firm Expatriate Law has strengthened its cross-border capability with the appointment of Adam Mitchell, a solicitor qualified in both South Africa and England & Wales. A former Acting Judge of the High Court in Johannesburg, Mitchell brings more than 25 years’ experience advising on complex, high-value family disputes.

Wealth exposure across jurisdictions

In cross-border matters, financial outcomes are rarely confined to the country where proceedings begin. English courts, for example, may scrutinise global asset structures, including trusts, corporate holdings and offshore arrangements. Conversely, South African proceedings may produce outcomes that require further consideration if enforcement is sought in England.

Mitchell notes that many internationally mobile families underestimate how differently courts may assess fairness and disclosure.

“Clients are often surprised to discover that an overseas settlement does not necessarily conclude matters in England,” he explains. “Where substantial assets are involved, early analysis of cross-border exposure is essential.”

He regularly advises on claims under Part III of the Matrimonial and Family Proceedings Act 1984, which allows the courts of England and Wales to grant financial relief following certain overseas divorces where the original outcome is considered inadequate.

A coordinated cross-border strategy

Dual qualification allows Mitchell to evaluate financial risk under both legal systems at the outset. Rather than obtaining sequential advice from separate jurisdictions, clients benefit from an integrated assessment of how asset structures, enforcement prospects and disclosure obligations may be treated in each country.

This joined-up approach is particularly relevant for business owners and families with international investment portfolios, where poorly timed proceedings or inconsistent advice can have lasting financial consequences.

Protecting long-term financial stability

While the financial dimensions of cross-border family disputes can be significant, Mitchell emphasises that strategic clarity often reduces unnecessary escalation.

“Family law ultimately affects people and future security,” he says. “For internationally connected families, understanding the full financial picture early can help protect both capital and stability.”

As international mobility continues to increase, specialist cross-border legal insight is becoming an important consideration for South Africans with financial ties to more than one jurisdiction.

Further information is available via Expatriate Law. 

Contact Adam Mitchell at adam@expatriatelaw.com