Court of Appeal provides clarity for cross-border divorce and financial remedy claims

On 29 April 2026, the Court of Appeal handed down its judgement in Ferrara v Ferrara. This was a landmark case for disputes in relation to jurisdiction for divorce and financial remedy claims. 

Caroline Frances Ferrara, an Australian-born model, met Italian businessman Ferrucio Ferrara in London in 2004, and they began cohabitating in Chelsea in 2006. They subsequently married in Italy on 5 April 2008 and at that time, they signed an agreement under Italian law which meant that any assets they acquired in their sole names before or during the marriage remained separately owned. This meant that Mrs Ferrara would not be entitled to Mr Ferrara’s assets if they divorced in Italy and there would have been a great financial imbalance as Mrs Ferrara retired from her career to care for their two children. 

Mr and Mrs Ferrara’s marriage broke down in 2023. Mr Ferrara applied for divorce in Italy on 6 February 2024 and Mrs Ferrara applied for divorce in England and Wales on 12 February 2024. Mr Ferrara disputed Mrs Ferrara’s application for divorce based on jurisdiction.

The Court of Appeal recently held that England and Wales was the appropriate jurisdiction for their divorce, having given consideration to the nearly 30 years Mrs Ferrara lived in England during most of her adult life and that her intention of moving to Italy with Mr Ferrara in 2019 was temporary; clearly establishing her permanent commitment to living in England and acquiring an English domicile of choice. 

Does it matter in which country divorce proceedings are issued?

You may be able to issue proceedings for divorce in England and Wales or in another country. Where divorce proceedings are issued will then likely govern how financial issues are to be resolved. Different countries have different methods of resolving finances on divorce and you may end up with very different outcomes depending on where proceedings are issued. The concepts of habitual residence and domicile can be complex and it is important to obtain specialist legal advice if you are in any doubt as to whether you are able to issue proceedings for divorce in England or Wales. If there is a choice in this respect, Stone King are able to assist you in making this decision, please get in touch with a member of our team today.