Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
View all articles

'So you’ve divorced me in Italy! … but I am keeping the house in London'

Sep 29, 2018, 20:01 PM
divorce, property, family law, jurisdiction, assets
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.
Slug : so-you-ve-divorced-me-in-italy-but-i-am-keeping-the-house-in-london
Meta Title : 'So you’ve divorced me in Italy! … but I am keeping the house in London'
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 27, 2017, 07:53 AM
Article ID : 114237
Carmine Procaccini
Anthony Gold Solicitors

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.

The International Family Law Practice (by David Hodson) provides comprehensive coverage of the international elements of English family law. Subscribers can log in here.

Find out more or request a free 1-week trial to the online service. Please quote: 100482. 

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.

So what does this mean in practical terms? If parties divorce in Italy and there is property in England, the parties will have to commence a separate action in England for an order for sale, unless of course, the parties agree to the sale by consent. This will involve a second set of proceedings and in most circumstances additional cost.

When dealing with applications for orders for sale, the English courts will treat the proceedings as a ‘standalone’ case and not a matrimonial dispute, referring back to the Italian divorce proceedings.

If the property is jointly owned, the presumption is that on sale the net proceeds will be divided on an equal basis, although this presumption can be overturned in some cases. If the property is in the name of one spouse, then the court approaches the dispute by reference to the House of Lords case of Stack v Dowden [2007] 2 AC 432 and subsequent case-law.

The lack of certainty as to the outcome of such cases can lead to disputes and expense.

Until such time as the Italian divorce courts are prepared to make orders concerning the disposition of property in England, this problem will not go away.

You have been warned!
Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from