Ferrara v Ferrara (Rev1) [2026] EWCA Civ 512 (29 April 2026)

Ferrara v Ferrara (Rev1) [2026] EWCA Civ 512 (29 April 2026)

The wife retained her English domicile of choice as she did not intend to reside in Italy permanently or indefinitely; the judge's findings on intention and evidence were within his discretion and not plainly wrong. Italy was not shown to be clearly the more appropriate forum for the divorce and financial remedy proceedings, given the parties' connections to England, procedural advantages, and the scope of financial remedies available in England.

Citation
[2026] EWCA Civ 512
Parties
Appellant/respondent: Ferrucio Ferrara; Respondent/applicant: Caroline Frances Ferrara
Jurisdiction
England and Wales
Judgment Date
29 April 2026
Procedural Posture
Appeal From High Court Family Division / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Domicile, Jurisdiction, Forum Non Conveniens, Financial Remedies After Divorce
Family Law Private International Law Domicile Jurisdiction Forum Non Conveniens Financial Remedies After Divorce

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Parties

Ferrucio Ferrara

Appellant/respondent

Caroline Frances Ferrara

Respondent/applicant

Procedural Posture

Appeal From High Court Family Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the wife was domiciled in England and Wales at the date of her divorce application
  2. 2 Whether Italy is clearly the more appropriate forum for divorce and financial remedy proceedings
  3. 3 Adequacy of the first instance judge's reasoning and findings

Ratio Decidendi

The wife retained her English domicile of choice as she did not intend to reside in Italy permanently or indefinitely; the judge's findings on intention and evidence were within his discretion and not plainly wrong. Italy was not shown to be clearly the more appropriate forum for the divorce and financial remedy proceedings, given the parties' connections to England, procedural advantages, and the scope of financial remedies available in England.

Court Disposition

Appeal dismissed

Orders

  • The order of Garrido J is upheld; English court retains jurisdiction over divorce and financial remedy proceedings.
  • No stay of English proceedings is granted.