Ferrara (Appellant) v Ferrara (Respondent)

Case summary

Case ID

UKSC/2026/0095

Parties

Appellant(s)

Ferruccio Ferrara

Respondent(s)

Caroline Ferrara

Issue

When deciding whether there is a more appropriate forum for determining a divorce, can the English courts take into account historical connections to England and Wales or only current circumstances?

Facts

This appeal arises out of divorce proceedings between Mrs Carolina Ferrara (“the wife”) and Mr Ferrucio Ferrara (“the husband”). This appeal concerns a dispute as to forum and jurisdiction, with divorce and financial remedies proceedings being raised in both England and Wales and Italy. The parties met in London in 2004, began living together in 2006 and married in 2008. They lived in London during the marriage until 2019, when the family returned to Italy. The marriage broke down in 2023. The wife applied for divorce in England on 5 February 2024, based on her being domiciled in England and applied for financial remedies. The husband commenced divorced proceedings in Italy on 6 February 2024. There are some differences in how the English and Italian courts approach divorce and financial remedies. Relevantly, a separation of assets agreement which was signed by the parties during the marriage ceremony cannot be challenged by the wife in Italy, whereas it can be challenged in England. The current appeal relates to the husband’s contention that the courts in England and Wales do not have jurisdiction to determine the wife’s divorce and financial remedy applications. Alternatively, even if the English courts have jurisdiction, he applied for a stay of the English proceedings, on the basis that Italy is the more appropriate forum to determine the divorce. To determine whether the English courts had jurisdiction, the judge had to determine whether the wife was domiciled in England when she made her application for divorce. The judge concluded that the wife had acquired a domicile of choice in England before the family moved to Italy in 2019, and that she did not lose her English domicile of choice when she moved to Italy. The judge then determined the issue of forum and found that the husband had not demonstrated that Italy was clearly the more appropriate forum of the two jurisdictions. As a result, the judge found that the English courts could determine the wife’s divorce and financial remedies applications, and refused the husband’s application for a stay. The husband appealed to the Court of Appeal, which dismissed the appeal. The husband now appeals to the Supreme Court.

Date of issue

9 July 2026

Case origin

PTA

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