Cross border disputes are legal conflicts that involve more than one country. This might be because the people involved live in different places, because property or money is held abroad or because a child, a business relationship or an inheritance has an international element. Even a single overseas link can change the legal route a case must take.
These disputes often feel more complicated than disputes contained within one country. Different legal systems may apply different rules. Evidence might be in another language. Time zones and distance can slow communication. Most importantly, there can be uncertainty about which country’s courts should deal with the matter in the first place.
In this article, we explain what cross border disputes are, the most common types seen in UK practice and the two key legal questions that shape nearly every international case:
- Where the dispute should be heard
- Whether a decision made in one country can be recognised and enforced in another
What makes a dispute “cross border”?
A dispute becomes cross border when it involves legal issues that touch more than one jurisdiction. That can happen in lots of everyday situations.
For example, a couple may be separating after living in the UK, but one spouse has moved overseas. A parent may want to relocate abroad with a child and the other parent objects. A family may be dealing with an estate that includes property in another country. A company may be in conflict with an overseas supplier about a contract.
Often, the international element is not obvious at first. People may assume they can deal with matters in the UK, only to discover that there are legal steps required in another country as well. Identifying the cross border element early is one of the most important parts of handling these cases properly.
Common types of cross border disputes
Cross border disputes come up across several areas of law, but there are a few categories that Osbourne Pinner clients most often encounter.
Cross border family disputes
International family disputes are increasingly common in modern life. They can involve divorce, money and child arrangements.
A typical example is a divorce where one spouse lives abroad or where the parties have different nationalities. Another is a financial settlement that includes overseas property, foreign bank accounts or business interests in another country. In these cases, one court may deal with the divorce itself, while questions arise about how assets abroad can be valued and divided.
Child related disputes are often the most urgent. These can include disagreements about a child moving abroad, schooling in another country or time spent with a parent who lives overseas. In more serious situations, cases involve international child abduction or wrongful retention, where one parent takes a child abroad or refuses to return them after an agreed visit. These disputes can move quickly through the courts and depend heavily on international legal frameworks.
There are also live policy debates affecting these cases. For example, a proposed change in late 2025 aims to make certain cases of keeping a child abroad without consent a criminal offence. This reflects growing scrutiny on cross border child arrangements and the importance of taking legal advice before relocating or withholding a child overseas.
Cross border property and inheritance disputes
Property and inheritance disputes often become international after someone dies with assets in more than one country. Families may need to deal with different inheritance rules, tax regimes or probate requirements depending on where the assets are located.
A common example is a UK resident who owns a holiday home abroad or who has family members living overseas. Another is where a will written in one country has unclear effect in another. Even where everyone agrees on what should happen, the legal process can be complex.
Cross border commercial disputes
Businesses often face disputes with overseas clients, suppliers or group companies. These can involve unpaid invoices, service delivery disputes, employment transfer disagreements or conflicts about what a contract means.
Commercial disputes can also become cross border when a company has a UK base but operates internationally or when a contract spans multiple countries. In many cases, there is an added layer of complexity because different courts may claim the right to hear the dispute.
The first big question: which country’s court should deal with it?
In any cross border dispute, one of the first legal questions is jurisdiction. That simply means deciding which country’s courts have the authority to hear the case.
Jurisdiction is not always a matter of convenience. It is based on specific legal tests and it can shape the entire dispute. Different courts may have different approaches to the same issue, especially in family or financial matters.
In England and Wales, jurisdiction is often linked to where someone lives, where a relationship is based or where a child is habitually resident. In business disputes, it may depend on where the contract was made, where it is performed or what the contract says about dispute resolution.
In some situations, more than one country could potentially deal with the matter. That can lead to competing proceedings or arguments about which case should take priority. Getting jurisdiction wrong at the start can create delays, extra cost or the risk of a final decision being challenged later.
Related: What Is a Jurisdiction Race in Divorce Cases?
The second big question: can a UK decision be enforced abroad?
Even if a UK court has jurisdiction and makes an order, that is not always the end of the matter. A key part of any cross border dispute is working out whether that decision will be recognised and enforced in another country.
For example, a UK financial order may divide assets fairly. But if the property is in another country, you may need to take additional steps there before it can be sold or transferred. Similarly, a child arrangements order made in the UK may not be automatically followed overseas unless the foreign court accepts it.
The way enforcement works depends on the countries involved and the type of dispute. Some countries have established processes that make recognition relatively smooth. Others require a fresh application or may apply different legal standards. This is why it is important to think about enforcement from the beginning, rather than after an order is made.
Practical challenges in cross border disputes
International cases often involve more moving parts than a domestic dispute. Even when the legal principles are clear, the practical side can be difficult.
- One challenge is the difference in legal systems. Timelines, evidence rules and decision making processes vary widely between countries. What seems routine in England may be unfamiliar elsewhere and vice versa.
- Evidence can also be harder to gather. Documents may be held in another country or another language. Witnesses might be abroad. Expert valuations may be needed for foreign property, businesses or pensions.
- Costs can rise more quickly too. In some cases, parties need legal advisers in two countries, especially where enforcement or parallel proceedings are likely.
- There is also the risk of overlapping cases. This is where two courts in different countries are dealing with the same dispute at the same time. It can happen unintentionally, especially in family cases and it often creates delay and uncertainty until jurisdiction is resolved.
- In child cases, urgency adds another pressure. International relocation or abduction disputes may need immediate court intervention and the longer a situation continues without action, the harder it may be to resolve.
How to manage a cross border dispute effectively
Although cross border disputes are complex, they can be handled successfully with the right strategy.
The most important step is getting advice early. Jurisdiction can be affected by where people live, where a child is settled or where proceedings start first. A simple move abroad, even with good intentions, can change the legal landscape. Taking advice before acting can prevent serious complications later.
It also helps to gather documents at an early stage. This includes proof of residence, travel records, financial information, overseas property details and anything relevant to children or family life. Having a complete picture makes it easier to assess the case properly.
Enforcement planning should be part of the initial strategy. If there is a strong chance that an order will need to be applied abroad, it is sensible to prepare for that early, rather than being surprised later.
Where appropriate, negotiation or mediation can be very effective in cross border disputes. Many international conflicts are fuelled by cost, delay and uncertainty. Finding an agreement can reduce the need for two sets of proceedings and give families or businesses more control over the outcome.
Finally, it is important to work with dispute resolution solicitors who understand international disputes and can coordinate with foreign lawyers if needed. Cross border cases require careful planning and a clear understanding of both legal and practical risks.
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Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
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