header-logo header-logo

13 May 2026
Issue: 8161 / Categories: Legal News , Divorce , Jurisdiction , International
printer mail-detail

Decision on divorce & domicile

©Mills & Reeve

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Ferrara v Ferrara [2026] EWCA Civ 512 concerned the divorce and financial remedy proceedings of Australian citizen Caroline Ferrara and her Italian financier husband, Ferruccio Ferrara. They lived in London between 2004, when they met, and 2019, when they moved to Milan with their two children.

The wife, who did not speak Italian, had unwittingly entered into a ‘separazione dei beni’ matrimonial regime upon signing the marriage register at their wedding in Italy in 2008. The regime, also known as a separation of assets, means each spouse retains exclusive ownership of any property and assets they have acquired before and during the marriage in their sole names, under Italian law. Therefore, should the couple get divorced in Italy, the wife, who left modelling to focus on raising the couple’s children, would not be entitled to a share in her husband’s capital assets.

Caroline Ferrara sought to bring the divorce in England. Her husband appealed, arguing Italy was the appropriate forum and that the judge had applied the wrong test to determine whether she had lost her domicile of choice. Lords Justice Moylan, Arnold and Miles dismissed the appeal.

Melissa Lesson, partner at Mills & Reeve (pictured), which acted for Caroline Ferrara, said the court concluded she had retained a domicile of choice in England, and that ‘England was also the most appropriate forum for divorce proceedings, especially as a divorce in Italy would likely leave Mrs Ferrara destitute’.

Lesson said the Court of Appeal’s judgment ‘offers invaluable clarity into this area of law.

‘It highlights the potentially disastrous financial prejudice to the financially weaker party that can arise when moving to another jurisdiction and the willingness of the English courts to step in where appropriate... it may also assist other couples who have called England home. It confirms that notwithstanding not living in England for a considerable period of time, parties may retain a domicile in England, allowing them to seize jurisdiction in divorce proceedings.’

Issue: 8161 / Categories: Legal News , Divorce , Jurisdiction , International
printer mail-details

MOVERS & SHAKERS

Anthony Collins—Edwina Turner

Anthony Collins—Edwina Turner

Charity law specialist joins partnership as part of 13-strong promotional round

Fieldfisher—Richard Power

Fieldfisher—Richard Power

Dispute resolution practice strengthened by energy disputes specialist hire

mfg Solicitors—Five newly qualified solicitors

mfg Solicitors—Five newly qualified solicitors

Firm celebrates promotion of five trainees on qualification as solicitors

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll