The Court of Appeal has dismissed a husband's appeal against a ruling that his wife was domiciled in England and Wales when she issued her divorce application, keeping the divorce and financial claims in the English court.
Key facts
- Who: Spouses living abroad who dispute whether England and Wales or another country should decide their divorce and financial claims.
- From: Judgment date: 29 April 2026
- Source: Ferrucio Ferrara v Caroline Frances Ferrara [2026] EWCA Civ 512
The Court of Appeal (Civil Division) handed down its judgment in Ferrara v Ferrara [2026] EWCA Civ 512 on 29 April 2026. Lord Justice Moylan gave judgment. Lord Justice Arnold and Lord Justice Miles also sat. The appeal was heard on 29 January 2026.
Background
In his judgment, Mr Justice Garrido recorded that the wife is an Australian citizen and the husband an Italian citizen. At the time of that judgment they were living under the same roof in Milan with their two children, despite the breakdown of the relationship. The couple met in London in 2004.
The wife issued her divorce application on 12 February 2024. On 11 July 2025 Mr Justice Garrido declared that she was domiciled in England and Wales on that date. That established the court's jurisdiction over the divorce and, more significantly, over the related financial remedy proceedings. He also refused the husband's application for a stay, because the husband had not proved that Italy was clearly the more appropriate jurisdiction.
The question
The husband appealed on seven grounds. Some said the judgment was seriously deficient in its law, its analysis and its findings of fact. Others challenged the domicile finding, arguing that the judge wrongly assumed the wife must have formed a settled intention to live in Italy permanently. The remaining grounds attacked the refusal of a stay. The wife filed a Respondent's Notice relying on additional matters to support the domicile finding.
Lord Justice Moylan noted that, although the stay application concerned the divorce, the real dispute was where the financial consequences should be decided. There are substantive differences between the issues that would be addressed in Italy and those addressed in England. English courts must have regard to "all the circumstances of the case" under section 25 of the Matrimonial Causes Act 1973. A party can also seek financial orders in England after a foreign divorce under Part III of the Matrimonial and Family Proceedings Act 1984, but only with leave.
The decision
The Court of Appeal dismissed the appeal on all grounds. Lord Justice Moylan concluded that the appeal should fail.
What this means for people in cross-border divorces
Domicile and the choice of country can be central issues where spouses have links to more than one country, and the real dispute may be about where financial matters are decided. In this case, the finding that the wife was domiciled in England and Wales when she issued her application, and the refusal of a stay, were both upheld on appeal. Anyone facing this kind of dispute should get advice before any deadline passes.
Sources
- Ferrucio Ferrara v Caroline Frances Ferrara [2026] EWCA Civ 512, Court of Appeal (Civil Division), 29 April 2026: https://caselaw.nationalarchives.gov.uk/ewca/civ/2026/512