Our Alfred Ip has joined the recently concluded Asset Recovery International Conference 2026 which brought together leading professionals in fraud litigation, asset recovery, and forensic investigation at the InterContinental Dublin.
The Asset Recovery International Conference 2026 featured a comprehensive agenda spanning from practical discussions on freezing orders and enforcement challenges to thought-provoking sessions on dishonesty in fraud litigation, with notable panels including “Til death (or litigation) do us part” where our Alfred Ip shared expertise on high-net-worth family disputes alongside international colleagues. The panel also included Adrienne Harreveld of Baker McKenzie, Katie Hooper of Mourant and John Healy of Kroll.
Family disputes are not immune from globalisation. Ultra high net worth families often travel frequently, have multiple homes, and send children to be educated abroad. Unforeseen consequences for probate or divorce litigation can include unexpected jurisdictions governing divorce or probate proceedings, mandatory inheritance laws interfering with testamentary freedom, and extensive delays to enforcement. And that is all before a few trusts, which testator or divorcee forgot about, get in the way of enforcement.
Attendees benefited from thought-provoking panel discussions that explored current trends in asset recovery, civil fraud, and insolvency. The conference structure successfully balanced substantive learning with meaningful networking opportunities, including a well-attended opening drinks reception and an elegant sit-down dinner following the first day’s program.
This gathering proved to be an exceptional platform for connecting with industry leaders while gaining practical knowledge from experts across the asset recovery spectrum. The collaborative environment facilitated valuable knowledge exchange among diverse professionals, from litigation specialists to forensic experts.
Beyond the balance sheet: Navigating the intersection of Trusts, Divorce, and cross-border Litigation
The world of high-stakes litigation is often perceived as a cold, analytical battle over contracts and assets. However, as I recently discussed during an engaging panel on cross-border family disputes, the reality is far more complex — and significantly more personal. Transitioning from a background in commercial litigation to the specialized field of contentious divorce and trust work has provided me with a unique vantage point on how these two worlds collide, particularly in a global financial hub like Hong Kong.
The disclosure paradox: Commercial vs. Family Law
One of the most striking differences between commercial litigation and divorce proceedings is the nature of disclosure. In the commercial world, parties often fight tooth and nail to protect their data, and discovery can be a protracted, tactical struggle. In contrast, family law — especially in jurisdictions like Hong Kong, London, and Singapore — operates on the principle of compulsory, full, and frank disclosure from the very outset.
While this transparency is designed to ensure equity, it often makes the litigation “nasty.” When every asset, every bank statement, and every historical transaction is laid bare, the focus shifts from “what is the law?” to “who is hiding what?” This environment creates a high-pressure scenario where the financially weaker party seeks transparency, while the other may attempt to shield assets through complex structures.
The Trustee’s dilemma and the jurisdictional hurdle
A significant portion of our discussion centred on the role of trustees in these disputes. In many high-net-worth cases, matrimonial assets are tied up in offshore trusts, often in jurisdictions like Jersey. This introduces a formidable jurisdictional hurdle.
As I noted during the panel, getting a discovery order against a trustee who has not submitted to the local jurisdiction is incredibly difficult. Even if a party travels to the trust’s home jurisdiction to seek disclosure, they often find that the court’s priority is the interest of the beneficiaries as a whole, rather than the justice between divorcing spouses. For a “default spouse” who is not a beneficiary, the path to information is often blocked by “firewall” legislation, making it essential to trace assets back to their original settlement.
The Lawyer as Counsellor: The psychology of settlement
Perhaps the most candid part of our discussion revolved around the emotional toll of these cases. In divorce litigation, a lawyer often finds themselves acting as a counsellor or psychiatrist—albeit one who “bills like a lawyer.”
Managing the visceral acrimony of a family at war requires a different skill set than traditional commercial advocacy. Clients are often driven by emotion rather than logic, leading to “points of principle” that defy financial proportion. I have found that the “best medicine” for settlement is often the reality of the legal bill itself. After years of convoluted litigation and mounting costs, parties eventually reach a point of exhaustion where they are finally ready to accept a compromise.
Strategic takeaways for cross-border disputes
Navigating these “nasty” trials requires more than just legal expertise; it requires a cohesive, international strategy. My top recommendations for practitioners and clients alike include:
- Form a Multi-Disciplinary Team Early: Do not wait for the dispute to escalate. Engage lawyers with international exposure and forensic accountants across all relevant jurisdictions from the start.
- Understand the “Divorce Capital” Dynamics: Hong Kong, London, and Singapore are attractive for a reason. Knowing which jurisdiction favours your position — and where the opposite party might try to “trump” your strategy — is vital.
- Prioritize Experience Over Rankings: While directory rankings have their place, nothing replaces the value of a counterpart who has “seen the same tricks” before. Experience allows us to give clients the perspective they need, even when it’s not what they want to hear.
Final thoughts
Cross-border family disputes are a test of both legal acumen and emotional resilience. By understanding the nuances of trust administration, the power of disclosure, and the importance of a strategic team, we can guide our clients through their most difficult moments while protecting their assets — and our own mental health.
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.
