Writing in NLJ this week, Melissa Lesson of Mills & Reeve analyses Ferrara v Ferrara, where England remained the wife's domicile of choice despite several years living in Italy. The court attached particular weight to contemporaneous evidence, including communications showing she never intended the move to be permanent.
Lesson says the decision provides a valuable 'roadmap' for lawyers handling international divorce disputes, particularly when forum and domicile are contested. She also highlights research showing many families relocating overseas fail to seek legal advice about differing matrimonial property regimes.
The judgment confirms that forum conveniens is not simply about geography but about achieving fair financial outcomes, meaning jurisdiction may ultimately determine whether a spouse leaves a marriage with security or 'with nothing'.
