Family Law

Carmine Procaccini
Anthony Gold Solicitors

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The law on the jurisdiction of divorce proceedings is well established within the EU. Put simply, subject of course to the usual criteria of residence and domicile, whoever commences divorce proceedings first in an EU member state normally has the conduct of the proceedings.

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So, if divorce proceedings are commenced in Italy before England, the Italian Court will deal with the divorce.

This article looks at an anomaly that is faced by spouses married to an Italian citizen, who is divorced in Italy, but at the same time has property in England.

The anomaly is this, notwithstanding that the Italian courts have the conduct of the divorce process, they are reluctant to make orders transferring capital situated in England. Although the Italian courts might make orders regarding the income that is generated by a UK property, they rarely order that the property is sold.

This is a very different approach to the English courts, who will order the sale of a European property.