Advice Centre

By James Legg – Solicitor, IMD Solicitors LLP

Divorce is rarely straightforward, but when it involves two legal systems and two jurisdictions, the complexity can increase significantly.  Recently at IMD Solicitors, we were pleased to provide specialist input on English legal principles to assist South African lawyers in a cross-border divorce matter, following a referral from our longstanding colleagues at Snaid Morris. While the South African court had jurisdiction over the divorce, English law was the applicable legal framework — and it was essential to ensure that this was correctly reflected in the legal documents being submitted abroad.

As someone born and raised in South Africa, I was uniquely placed to assist. Drawing on both my personal familiarity with South African legal and cultural practices and my professional expertise in English family law, I was able to support the drafting process to ensure that the pleadings prepared by South African counsel were accurate, compliant, and truly reflective of English law principles.

The Challenge

Our client faced a relatively unusual situation: although the marriage had taken place in England, and English law governed the divorce, the actual proceedings were to be concluded through the South African courts. The main issues we encountered included:

• Ensuring that the English law basis for the divorce was correctly pleaded in documentation drafted and filed in a South African legal forum.
• Advising on how English legal concepts — such as the grounds for divorce, financial arrangements, and recognition of marriage validity — should be presented in the South African legal framework.
• Coordinating with local South African lawyers  Snaid & Morris Inc to ensure alignment between legal substance and procedural form.

Our Approach: International Collaboration and Expert Oversight

The documents were formally drafted by South African legal counsel recommended to us by Snaid & Morris Inc. However, our involvement was instrumental in shaping the English law content and ensuring its correct translation into the South African legal context.

IMD Solicitors’ Role

• Expert Review and Input: I provided detailed input on the English legal aspects to be included in the South African pleadings, ensuring they were accurate and aligned with current English matrimonial law.
• Jurisdictional Guidance: We advised on the legal framework underpinning the proceedings, including why English law was applicable, despite the case being heard abroad.
• Collaboration with South African Counsel: We worked directly with the South African lawyers to advise on terminology, legal concepts, and evidential expectations, ensuring the documents would stand up in both jurisdictions if later scrutinised.

Personal Connection, Professional Value

My personal connection to South Africa, combined with a deep understanding of English family law, allowed us to bridge legal systems with a sensitivity that goes beyond technical knowledge. This meant:

• Offering practical insight into how South African judges might interpret English law references
• Providing reassurance to the client that the case was being handled with cross-border nuance
• Ensuring the process moved efficiently despite the international elements

Final Thought

Cross-border family matters demand more than legal expertise — they require a nuanced understanding of both jurisdictions, informed by experience and personal insight.

At IMD Solicitors, we are proud to offer just that. If your case involves UK-South African elements, whether concerning marriage, divorce, or financial arrangements, I would be pleased to assist. My professional training in England and personal ties to South Africa mean you receive not only legal advice, but the benefit of lived experience across both systems.

The case was conducted by James Legg, Partner, Family Department.