Ferrara v Ferrara

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Ferrara v Ferrara: Landmark Court of Appeal Decision Strengthens Protection for International Families

The recent Court of Appeal decision in Ferrara v Ferrara is a significant development in international family law, providing important guidance on cross-border divorce disputes and confirming the protective role of the English Family Courts.

The case concerned a couple who had lived in London for around 20 years before relocating to Milan in 2019. Although both divorce proceedings and jurisdictional issues arose after the move to Italy, the Court of Appeal ultimately confirmed that England was the appropriate forum for the divorce and related financial claims.

A key issue was whether the wife, despite living outside England for several years, had retained a domicile of choice in England. The court concluded that she had. England remained the centre of her personal and family connections: it was where the parties met, built their life together and where their children were born.

The decision was particularly important because of the significant difference in financial outcomes between the two jurisdictions. Upon marrying in Italy, the parties had entered into a separation of assets regime, meaning that under Italian law each spouse retained ownership of assets held in their sole name. As a result, a divorce in Italy could have left the wife with little financial provision despite her years spent caring for the family.

The Court of Appeal upheld the High Court's decision, confirming that England not only had jurisdiction but was also the most appropriate forum to determine the divorce.

For international families, the case serves as an important reminder that living abroad does not necessarily mean losing the right to pursue divorce proceedings in England. It also highlights the English courts' continued focus on fairness, particularly where a financially weaker spouse may otherwise face significant disadvantage.

This landmark judgment is likely to become a leading authority on domicile, jurisdiction and forum disputes for many years to come.

This article is intended for general guidance only and should not be relied upon as legal advice. Please contact our family law team for tailored advice.