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
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,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles

ANCILLARY RELIEF: Traversa v Freddi [2009] EWHC

Sep 29, 2018, 17:21 PM
Slug : traversa-v-freddi-2009-ewhc
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 30, 2009, 04:22 AM
Article ID : 85965

(Family Division; Bodey J; 30 April 2009)

The Italian husband and wife had met in England, but were married in Italy. The couple elected the 'separate property regime'. For a time the couple lived together in Italy, but after a time they purchased a restaurant in England, and the husband moved to England to run it, while the wife remained in Italy. The business later failed and was sold; the husband retained the net proceeds of sale. The wife then purchased a fast food outlet in London for the husband to run. After discovering that the husband was having a relationship with another woman, the wife excluded the husband from the fast-food business, which had not been successful (it was subsequently sold for less than it had cost), and issued first separation and then divorce proceedings in Italy. The husband was aware of the proceedings, but did not participate, apparently because of lack of funds. The husband then applied to the English court for leave to seek financial relief under Pt III. The husband was now working as a waiter. The wife owned the family home in Italy and a property in England, which the husband was living in; the husband owned a property in Italy, which the wife had purchased for him some years earlier. An expert in Italian law confirmed that the husband might have been able to obtain Italian legal aid, but would not in any event have received any maintenance in Italy, as he was capable of providing adequate income for himself and there were no objective reasons preventing him from properly supporting himself.

It was not strictly necessary under the Act to find that there was an 'overwhelming connection' with one country or another, nor even, strictly speaking, to reach a precise determination as to the country with which the parties had 'the greater connection'. Having said that, following Agbaje v Agbaje it was inevitable in practice that the court would look comparatively at the parties' respective degrees of closeness to the two relevant jurisdictions. In a case in which each party essentially lived in a different country, such a balancing exercise was easier said than done, but, overall, the superior connection in this case was with Italy, which was where the main family home had been. The Italian system happened to permit parties of their own free will to elect how they wished to organise their financial and property affairs, and the Italian court had not treated the husband unjustly. The husband could reasonably have done more to protect his interests in the Italian proceedings. Following the guidance of Agbaje, it was not appropriate to grant the husband leave to apply for financial relief under Pt III.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from