header-logo header-logo

24 March 2011 / Robert Hines
Issue: 7458 / Categories: Features , Family
printer mail-detail

Parting shots

Robert Hines explores the thorny issue of pre-marital agreements & a foreign national’s right to apply for financial relief

The Court of Appeal handed down its judgment in the case of Traversa v Freddi [2011] All ER (D) 289 (Feb) EWCA Civ 81, and, in doing so, granted an Italian waiter, whose wife had obtained a separation order and divorce in Italy, permission to apply for financial relief in the courts of England and Wales under Part III of the Matrimonial Proceedings Act 1984 (Part III).

Facts

The parties, Traversa (the husband) and Freddi (the wife), are Italian nationals who were married in Italy on 14 November 1987. The wife was from an affluent family based in Northern Italy, whereas the husband came from a modest background in the Calabrian region of Southern Italy.
Before the marriage, the parties agreed to enter into a pre-marital agreement in which they elected for separation of goods regime should the marriage breakdown. 

Following the marriage, the parties divided their time between Italy and England where they invested in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll