Family law

Divorces without frontiers, the court of the State where the Italian couple lived may decide

The English Court of Appeal has decided on the case of two spouses, resident and married in Italia, following the domestic property regime

by Patrizia Maciocchi

5 May 2026

Hands of wife and husband signing divorce documents or premarital agreement krivinis - stock.adobe.com

3' min read

Translated by AI

Versione italiana

3' min read

Translated by AI

Versione italiana

Divorce without frontiers for the couple living in Italia, the country in which they married, choosing the Italian property regime of separation of property. Circumstances that did not prevent the English court from considering the case within its jurisdiction, valuing the family's overall history,the long years lived in the United Kingdom, and therefore the principle of domicile, the personal and family ties with the country and the need to guarantee effective protection for the economically weaker spouse.

This decision is especially important in marriages where one of the spouses has accumulated wealth, company holdings, real estate or other assets formally in his or her name, while the other has given up his or her career or reduced his or her professional autonomy to take care of the family.

An assist for the weaker spouse

An important assist for the part of the couple, often the woman, who risks being penalised when the marriage dissolves, as emphasised by lawyer Armando Cecatiello, founder of the Cecatiello law firm in Milan, who assisted his wife in the proceedings in coordination with an English legal team. "In Italia, the separation of property has very relevant effects on the formal ownership of assets, while the English judge also looks at the substance of the marriage: who raised the children, who followed the international transfers, who gave up their careers, who supported the other partner in building professional or entrepreneurial success. Family wealth does not always arise only from the visible work of those who produce income, it often arises also from the invisible work of those who enable the other to produce it'.

A verdict also relevant for the city of Milan, in recent years a centre of attraction for numerous international families, entrepreneurs, professionals, managers and high net worth individuals.

Every year new foreign expats arrive in Milan and many Italians who have lived in London, New York, Paris, Dubai or Singapore also return. Often these families have properties in several countries, companies abroad, children born abroad, complex assets and property regimes chosen without imagining the possible consequences in the event of a crisis. "Faced with these scenarios, the choice of forum," Cecatiello points out, "can have a decisive impact on the economic outcome of the divorce".

The pronouncement also recalls the issue of the awareness with which the asset regimes are signed at the time of marriage.

The prenuptial agreement

Many spouses, in fact, sign the separation of property in Italia as if it were a formality, but in an international marriage that choice can have enormous consequences. Before the English court, that regime may not necessarily be treated as a fully binding pre-nuptial agreement. The court can assess whether there has been real awareness, full information, independent advice, balance between the parties and, above all, whether the strict application of that regime produces an unfair result.

"The case should not be read as a clash between Italia and England, but as a clear example of the complexity of contemporary international divorces. English law is not always preferable to Italia law, but it is a question of understanding which forum is really more appropriate with respect to the concrete history of a family. In this case,' concludes lawyer Armando Cecatiello, 'although the couple was resident in Italia and although the husband was Italian, the English judge considered relevant the deep ties with Italy and the risk of seriouseconomic prejudice for the weaker spouse'.