Cross-border disclosure challenges and how to overcome them

In my practice high net worth divorces increasingly involve assets, income streams and entities scattered across multiple jurisdictions. Cross‑border disclosure complicates every stage of the financial remedy process. Delays, legal barriers, inconsistent procedural rules and secrecy regimes all threaten to erode the matrimonial pot. In this guide I explain the practical challenges of securing cross‑border disclosure in England and Wales and set out a pragmatic, step by step approach I use to overcome them. I focus on tools the English family court offers, co‑ordination with foreign counsel, forensic techniques and tactical choices that protect value, preserve confidentiality and produce enforceable outcomes.

Why cross‑border disclosure matters in high net worth divorces

Wealth today moves freely. Family offices manage portfolios across continents, trusts sit in offshore jurisdictions, property titles register under nominee companies and crypto migrates through global exchanges. If you ignore cross‑border elements you risk excluding substantial assets from the settlement or facing enforcement problems later. Proper disclosure not only reveals hidden value but also shortens negotiations and reduces the risk of surprise at trial. Early, coordinated action usually yields the best results.

Main legal and practical challenges in cross‑border disclosure

I encounter several recurring obstacles when pursuing cross‑border disclosure:

– Jurisdictional limitations: English court orders do not automatically bind entities or trustees located overseas. Some jurisdictions will not recognise foreign civil orders without local process.

– Confidentiality and secrecy regimes: Bank secrecy, trust secrecy and nominee confidentiality in certain offshore jurisdictions can block voluntary cooperation.

– Differing procedural mechanisms: Civil, regulatory and criminal disclosure procedures vary widely. A remedy available in England may not exist abroad.

– Delay and enforcement risk: Obtaining local orders often takes time. Meanwhile assets may move, be dissipated or become harder to trace.

– Cost and proportionality: International litigation is expensive. Clients must balance likely recovery against costs. Courts will consider proportionality when deciding disclosure applications.

– Evidence translation and admissibility: Documents produced abroad may require translation, authentication, or proof of origin to be admissible in English proceedings.

– Data protection and privacy laws: Compliance with local data protection rules can limit what foreign parties will disclose to English litigants.

– Multiple actors and advisers: Coordinating bankers, trustees, corporate service providers and foreign counsel complicates timing and messaging.

Recognising these obstacles at the outset lets me design a focused strategy that reduces time and cost.

Early case assessment and information gathering

Early, methodical fact gathering sets the pace for cross‑border work. I take these steps first:

– Map the asset footprint: I build a comprehensive schedule of assets, locations, custodians and associated entities. This includes bank accounts, investment accounts, real estate, shareholdings, trust arrangements, pensions and crypto custody.

– Identify likely custodians and intermediaries: I list banks, exchanges, corporate service providers, trustees, accountants, law firms and formation agents who may hold records.

– Pull domestic triggers: I obtain UK records first — bank statements, property title deeds, Companies House documents, email and messaging evidence — because domestic evidence often identifies foreign links.

– Establish risk of dissipation: I assess whether assets face imminent transfer risk to inform the urgency of freezing or preservation steps.

– Budget and client instructions: I explain likely costs, timescales and possible outcomes so clients make informed decisions about cross‑border investment in disclosure.

Early mapping prevents wasted effort and clarifies which jurisdictions require prompt action.

Legal tools in England and Wales for cross‑border disclosure

English family courts possess powerful remedies that often start the disclosure chain:

– Specific disclosure orders and inspection: I apply for precise orders under the Family Procedure Rules to compel the respondent to produce documents, accounts and electronic records linking them to foreign assets.

– Norwich Pharmacal orders: These compel third parties who are innocently mixed up in wrongdoing to disclose information identifying wrongdoers. I use them against banks, corporate service providers, exchanges and formation agents that hold KYC records, account histories and formation files. Norwich Pharmacal orders frequently identify the overseas custodians or beneficiaries we need to target.

– Freezing injunctions: Where dissipation is likely I seek freezing orders targeted at known accounts or entities. Freezing orders preserve assets while I pursue disclosure and foreign co‑operation.

– Third party production orders: I rely on production orders to require non‑party entities operating in or through England and Wales to produce documents they hold.

– Disclosure undertakings and undertakings to the court: I obtain undertakings to secure preservation of documents and to limit dissemination while litigation proceeds.

These remedies create leverage even where foreign compliance may be uncertain. They also produce the English records often used to persuade foreign courts to act.

Using Norwich Pharmacal orders to unlock foreign information

Norwich Pharmacal orders often provide the breakthrough in cross‑border cases. Third parties such as correspondent banks, payment processors, corporate service providers and major exchanges hold records linking transactions to overseas accounts. I focus on:

– Naming the right respondent precisely, for example the UK branch or the payment processor rather than a global brand.

– Drafting narrow schedules identifying account numbers, wallet addresses, transaction dates and categories so the order avoids a fishing expedition.

– Proposing confidentiality measures and privilege review regimes to mitigate commercial or regulatory objections.

– Including preservation clauses to prevent deletion of electronic logs or account closures.

In many matters a well drafted Norwich Pharmacal order produces the evidence required to craft subsequent foreign applications or to settle based on the disclosed records.

Co‑ordinating with foreign counsel

Cross‑border work requires early local expertise. I engage foreign counsel as follows:

– Instruct local lawyers before filing foreign process where urgency merits parallel action. Local counsel advise on whether the English order will be enforceable or whether a local application is necessary.

– Use English evidence to persuade foreign courts: Norwich Pharmacal returns often contain KYC records and transaction histories that establish a factual basis for local disclosure orders.

– Align tactical steps: I coordinate freezing applications, production orders and other measures so that actions in different jurisdictions complement rather than contradict each other.

– Evaluate enforceability and practical remedies: Foreign law may permit different remedies such as production orders, regulatory compulsion or criminal disclosure. Local counsel guide the most efficient route.

Good cross‑border litigation looks like orchestration not parallel warfare.

Forensic accounting and digital tracing across jurisdictions

Technical specialists deliver the evidential chain. I instruct:

– Forensic accountants to trace fiat flows, intercompany transfers and transactions between domestic accounts and foreign custodians. Their work identifies the nodes where English remedies will have impact.

– Blockchain analytics firms for crypto tracing across chains, mixers and exchanges. These experts link wallet addresses to known custodians or to identifiable onramps.

– Digital forensics teams to preserve device images, emails, cloud logs and metadata that expose contemporaneous instructions or creation of nominee structures.

– Formation agent and corporate service provider analysts to obtain incorporation files, beneficial ownership declarations and nominee agreements.

I ensure expert reports explain methodology and limitations in plain language so the court can rely on them.

Tackling secrecy jurisdictions and legal privilege claims

Offshore secrecy and privilege present particular friction. I handle these issues by:

– Offering and agreeing restrictive disclosure protocols and confidentiality rings to protect legitimate commercial secrets while extracting relevant evidence.

– Showing necessity and proportionality to overcome secrecy objections; courts may order disclosure where the applicant demonstrates that the information is essential to the claim.

– Using intermediary targets: Often formation agents, banks or advisers with UK footprints hold copies of offshore records or KYC files held in England which fall within English court power.

– Obtaining foreign legal opinions: I clarify whether foreign secrecy laws genuinely prohibit disclosure and whether any statutory or regulatory exceptions permit cooperation.

A tailored mix of legal pressure and protective measures reduces resistance even in protective jurisdictions.

Practical steps to obtain enforceable disclosure abroad

To secure effective cross‑border disclosure I pursue a layered plan:

1. Obtain domestic Norwich Pharmacal returns and bank production orders to identify foreign custodians.

2. Use the English evidence to persuade foreign regulators, banks or courts to act.

3. Instruct foreign counsel to file local production applications or to negotiate voluntary disclosure once the factual basis becomes clear.

4. Seek freezing orders in both jurisdictions where necessary to prevent dissipation.

5. Coordinate expert evidence across jurisdictions to produce coherent valuation and tracing reports suitable for both courts.

6. Maintain confidentiality regimes to protect reputations and commercial sensitivity.

This sequence turns English leverage into foreign cooperation.

Practical management of costs and proportionality

Clients fear spiralling costs. I manage expense and proportionality by:

– Prioritising enquiries likely to yield the largest recoveries such as tracing high value transfers, targeting key custodians and seeking immediate preservation of identified accounts.

– Using staged funding where necessary and exploring litigation funding for the most compelling lines of enquiry.

– Proposing alternative settlement routes such as interim disclosures or private negotiations once key evidence appears.

– Preparing detailed cost estimates and decision points so clients can reassess strategy at each stage.

Courts will assess proportionality so I design disclosure plans that justify expense by likely recovery and the need to prevent dissipation.

Dealing with translations, authentication and admissibility

Foreign documents often require translation, apostilles and evidential steps. I ensure admissibility by:

– Using sworn or certified translations and securing necessary authentication such as apostilles where legal formalities require them.

– Obtaining evidence of provenance for electronic records, including system logs and attestations from custodians or experts.

– Preparing witness statements from foreign custodians or experts where the court requires oral evidence to verify records.

– Anticipating hearsay issues and framing returned documents within witness evidence or expert narrative to establish reliability.

Early attention to evidential formality avoids last minute exclusion.

Protecting confidentiality and reputation in international disclosure

High net worth clients demand discretion. I preserve confidentiality by:

– Seeking sealed exhibits or limited public filings where necessary.

– Using confidentiality rings that restrict access to solicitors, accountants and approved experts.

– Minimising the public record by negotiating returns under agreed protocols and avoiding widespread service where it risks publicity.

– Considering alternative dispute resolution once disclosure clarifies the asset picture so settlement occurs behind closed doors.

Protective regimes reduce reputational harm while securing necessary evidence.

Case examples and practical outcomes

To illustrate practical gains I describe anonymised outcomes:

– Case 1 — Norwich Pharmacal against a UK correspondent bank produced KYC records showing that funds routed to a Caribbean trust originated from the respondent. Those returns allowed local counsel to obtain production orders in the trust seat and recover distributions for settlement.

– Case 2 — Blockchain tracing identified an exchange that processed large deposits from the respondent. A Norwich Pharmacal order against the exchange’s UK payment processor revealed account identities and prompted a freezing notice that preserved crypto value pending settlement.

– Case 3 — Forensic accounting of intercompany transfers exposed value shifted to a Maltese holding company. Coordinated freezing applications in England and Malta forced disclosure of shareholder agreements and produced settlement that reflected the true business value.

These outcomes show that layered, evidence driven strategies work.

Practical checklist for cross‑border disclosure

– Map assets and custodians comprehensively from the outset.

– Preserve domestic evidence and bank records before seeking international process.

– Use Norwich Pharmacal and bank production orders to identify foreign custodians.

– Instruct forensic, blockchain and digital experts early.

– Engage trusted foreign counsel promptly to advise on local procedures.

– Seek freezing orders where dissipation risk exists.

– Propose confidentiality protocols to reduce resistance and protect reputation.

– Budget with staged decision points and consider litigation funding for high cost lines.

– Prepare translations and authentication in parallel to avoid evidential delay.

– Keep negotiation channels open once disclosure yields leverage.

Conclusion — coordinated, evidence driven cross‑border strategy

Cross‑border disclosure presents real challenges but it rarely defeats a well planned approach. My practice focuses on early mapping, directed English remedies, careful use of Norwich Pharmacal orders, close cooperation with foreign counsel and rigorous forensic work. I balance urgency with proportionality and protect client confidentiality at every stage. If your divorce involves international assets act early. Assemble records, preserve evidence and seek legal advice that combines family process, cross‑border experience and forensic capability. Contact us at Alexander JLO for a confidential assessment and a tailored plan to secure the disclosure you need to protect your financial future.

Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 16th November 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.