The 2025 International Family Law Conference organised by Expatriate Law took place at the Majestic Congress Centre in the heart of Chamonix-Mont-Blanc, France last week. This prestigious event brought together leading private client and family law professionals from around the globe to explore the most pressing issues in international family law, from HNW divorces to cross-border disputes.
Set against the breathtaking backdrop of the French Alps, the conference offered a unique blend of expert-led sessions, unrivalled networking opportunities, and elegant social events, including a gala dinner and drinks receptions. With Chamonix’s famed skiing and après-ski scene adding to the experience, this conference was an unforgettable blend of professional growth and personal enrichment.
Our Caroline McNally and Alfred Ip contributed as speakers during the two days sessions.
Moreover, Hugill & Ip hosted an intimate dinner to conclude the conference on Saturday 22 March.
Crafting Resilient Wealth Structures: Key tips for Private Client advisors
Preserving wealth across generations requires foresight, cultural sensitivity, and strategic planning. For private client advisors, the challenges are manifold, particularly for high-net-worth families with assets spanning multiple jurisdictions. Alfred Ip shared ten essential tips to guide advisors in safeguarding family wealth.
- Timing is critical. Establish trusts and foundations during periods of goodwill and stability, as courts view arrangements made during conflict with scepticism.
- Governance trumps paperwork. Combine legal structures with family protocols, such as regular councils and written constitutions, to prevent misunderstandings and litigation.
- Look beyond your jurisdiction. Asian wealth often crosses borders, bringing tax complexities and succession law conflicts. Multi-jurisdictional structures require careful coordination, not just replication.
- Document founder intent. Courts increasingly examine the founder’s purpose when resolving disputes. Use technology to record intentions and create purpose statements as a protective shield.
- Balance control and flexibility. While reserved powers preserve influence, excessive control can compromise asset protection. Ensure structures are robust yet adaptable.
- Bridge cultural expectations. Acknowledge concepts like filial piety alongside legal realities to avoid future family conflict.
- Prepare the next generation. Financial literacy programmes are essential to ensure heirs understand the purpose and responsibilities of wealth.
- Divorce-proof structures. With rising divorce rates, combine pre-nuptial agreements with trusts to protect against court interventions.
- Foster long-term advisor relationships. Retaining advisors across generations preserves critical knowledge about family dynamics and intent.
- Prioritise transparency. While confidentiality is often sought, secret structures breed suspicion. Appropriate disclosure of wealth plans can defuse conflicts and keep families out of courtrooms.
By focusing on these principles, private client advisors can craft structures that are legally sound, culturally sensitive, and generationally resilient.
Navigating Post-Separation Asset Fluctuations in Divorce Proceedings: R vs S
The case presented underscores the tension between equitable distribution and protecting post-separation enterprise. Courts must weigh whether S.’s company windfall is a “fruit of the marriage” or a product of S.’s independent risk-taking. The outcome hinges on jurisdictional precedents and the perceived fairness of rewarding (or penalising) post-separation initiative.
This case study illustrates the intricate legal and financial challenges often encountered in high-net-worth divorces, particularly when one spouse’s assets undergo substantial growth after separation. A central issue revolves around determining the appropriate dates for asset classification and valuation — whether assets should be assessed at the time of separation or at the divorce’s finalisation, especially when their value fluctuates significantly.
Another critical point is distinguishing between marital and separate property, particularly when assets are acquired post-separation or through inheritance. The valuation of such assets can be further complicated by potential discounts for risk or lack of control, especially in cases involving contingent assets like deferred payments or shares tied to employment.
Contributory roles also come into sharp focus, as non-financial contributions such as homemaking or early financial support can play a pivotal role in claims to shared assets. This is particularly relevant when one spouse’s efforts are argued to have significantly contributed to the other’s success.
Interim support payments made during separation can also become contentious, with disputes over whether they should be offset against final settlements or treated as repayable loans. Jurisdictional principles further shape these disputes, as courts strive to balance fairness, distinguish between passive and active growth, and recognise the entrepreneurial risks taken by one spouse.
Caroline McNally emphasizes the importance of meticulous legal strategy and expert valuation in navigating the complexities of asset division in high-stakes divorces, ensuring that outcomes are both equitable and legally sound.
Cross-Jurisdictional Challenges for Same-Sex Couples: E&J
E. and J., an English lesbian couple in a civil partnership, face complex legal issues as they relocate internationally with their IVF-conceived child, T..
The panel discussion explored challenges faced by same-sex couples in international family law, particularly in cases involving financial remedies, parental rights, and relocation challenges across four jurisdictions: England, Switzerland, Hong Kong, and Dubai.
This case study highlighted the complex legal and jurisdictional The analysis highlights stark differences across jurisdictions:
In England, civil partnerships offer rights similar to marriage, including asset division and spousal maintenance, but non-genetic parents like E. must secure parental orders or adoptions to gain legal recognition.
In Switzerland, the legal framework leaves E. with no automatic parental rights and limited options to contest relocation.
Hong Kong does not recognise same-sex marriage, restricting financial claims to contractual remedies and requiring court orders for non-genetic parental rights.
In Dubai, same-sex relationships are criminalised, leaving E. with no financial remedies, parental rights, or recourse in relocation disputes, and even risking the loss of custody.
Strategic considerations include converting civil partnerships to marriage in jurisdictions like England for enhanced international recognition, securing pre-emptive measures such as parental orders and co-parenting agreements, and carefully planning relocation to favourable jurisdictions before a relationship breakdown occurs.
This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances.
