International divorce between Italy and England is becoming increasingly common for Italian spouses, expatriates and international families with connections to London.
A couple may marry in Italy, live for years in England, build a family life in London, raise children abroad, accumulate wealth during the marriage and later return to Italy or move to another country. When the relationship ends, the first question is often not only how to divorce, but where the divorce should take place.
A recent decision of the Court of Appeal of England and Wales has brought this issue back into focus. Without referring to the personal details of the family involved, the judgment confirms an important principle: where there are genuine and substantial links with England, the English courts may have jurisdiction to deal with divorce and financial matters, even when the spouses are Italian and Italy also has a connection with the case.
This can make a major difference to the final outcome.
Why jurisdiction matters in international divorce
In cross-border divorce cases, the country where proceedings are started can affect the financial result.
In Italy, many couples marry under the separation of property regime, known as separazione dei beni. This means that, during the marriage, each spouse keeps ownership of the assets registered in their own name.
This regime may be useful for business planning, family wealth protection and personal independence. However, when a marriage ends, it may create difficulties if most of the wealth accumulated during the relationship is formally held by only one spouse.
Under Italian law, where there is a separation of property regime, the court may have limited power to redistribute assets between spouses. The focus may often be on maintenance and support, rather than on a wider division of matrimonial resources.
In England and Wales, the approach can be different. The English court has broad powers to consider the overall financial picture and to reach a fair outcome. It may look at income, property, capital, needs, standard of living, contributions to the family, business interests and wealth created during the marriage.
For this reason, the choice between Italy and England may not be a technical detail. It may shape the entire financial future of the separating spouses.
London links and domicile of choice
One of the key legal concepts in these cases is domicile of choice.
Domicile of choice does not mean that someone can simply choose England at the last minute because it appears more convenient. It is not a casual preference and it is not the same as nationality, tax residence or owning a property in London.
It is a legal status based on real facts.
A person may acquire a domicile of choice in England if they have a genuine connection with England and intend to make it their permanent or long-term home.
Relevant factors may include:
- living in London or elsewhere in England for a significant period;
- building a family life in England;
- having children born or educated in England;
- owning or renting a family home in London or elsewhere in the UK;
- developing professional, financial or social connections in England;
- maintaining strong links with England even after spending time in Italy or another country.
Every case depends on its own facts. However, the wider message is clear: for Italian spouses or international families with real links to London or England, English jurisdiction should not be dismissed too quickly.
Separation of property does not always reflect the reality of the marriage
Many Italian couples choose separazione dei beni at the beginning of the marriage. Often, this decision is made without fully considering what could happen after many years of family life, career sacrifices, children, international relocation and wealth creation.
During a marriage, one spouse may build a business, acquire assets or increase family wealth. The other spouse may contribute in less visible but equally important ways: raising children, supporting the family, moving countries, giving up career opportunities, managing the home or creating the stability that allowed wealth to grow.
On paper, the assets may belong mainly to one spouse. In reality, the marriage may have been a shared life project.
This is where English family law can become especially relevant. The English court is often prepared to look beyond formal ownership and examine the real economic life of the marriage.
For international families, this distinction can be crucial.
An Italian separation of property regime does not necessarily mean that the financial consequences of divorce are already fixed, especially where there are strong international elements and possible links with England.
A discreet but important legal opportunity
The recent English decision does not open the door to artificial forum shopping; rather, it confirms that genuine international connections must be carefully assessed.
But it does show that, in the right circumstances, a spouse with genuine links to England may have legal options that are not immediately obvious.
This can be particularly important for:
- Italian spouses who lived in London during the marriage;
- expatriate families with assets in more than one country;
- couples who accumulated wealth while living abroad;
- spouses who signed or chose separation of property in Italy;
- families where one spouse controls most of the assets;
- individuals seeking a fair financial outcome after an international marriage.
In these situations, the first legal analysis can be decisive.
Why early specialist advice is essential
In international divorce, timing matters.
The first country where proceedings are started may influence the entire case. The way domicile, residence, assets and family history are presented can also be crucial.
A careful legal strategy should consider:
- whether Italy or England has jurisdiction;
- whether one spouse may have acquired a domicile of choice in England;
- whether English financial remedies may be available;
- how the Italian separation of property regime affects the case;
- where the assets are located;
- whether wealth was created during the marriage;
- what outcome would be fair in light of the family’s real history.
This requires more than a standard divorce approach. It requires knowledge of Italian family law, English divorce principles, international jurisdiction, asset protection, matrimonial property regimes and the practical reality of families living between different countries.
Anyone facing a divorce with links to Italy and England should seek early specialist advice before deciding where to start proceedings. A decision taken too quickly, or in the wrong country, may have long-term consequences.
The wider lesson for international families
Modern family life often crosses borders. The law must follow that reality.
A marriage may begin in Italy, develop in London, continue across Europe and end in another country. In these cases, the legal solution should not be based only on nationality or formal property arrangements. It should reflect the real life of the family.
For Italian and international spouses with connections to England, the key question may be:
Is Italy the only possible forum, or could England provide a fairer and more complete assessment of the marital resources?
The answer will always depend on the facts. But the recent decision of the English Court of Appeal confirms that the question is worth asking.
International divorce is not only about ending a marriage. It is also about choosing the right legal path to protect fairness, dignity and the future.
FAQ: International Divorce, Italy and England
Can an Italian spouse start divorce proceedings in England?
In some cases, yes. This may be possible where there are genuine legal connections with England, such as domicile, habitual residence or other relevant jurisdictional links. Each case must be assessed carefully.
What is domicile of choice in English divorce law?
Domicile of choice is a legal concept based on a real connection with a country and the intention to make it a permanent or long-term home. It is not the same as nationality or tax residence.
Does Italian separation of property prevent financial claims in England?
Not necessarily. An Italian separation of property regime may be relevant, but the English court may still consider fairness, needs, contributions and the overall financial circumstances of the marriage.
Why can England be important in international divorce?
England and Wales have broad financial remedy powers. In suitable cases, the court may look at the wider matrimonial resources, including assets, income, business interests and wealth accumulated during the marriage.
Should proceedings be started in Italy or England?
There is no automatic answer. The choice depends on residence, domicile, assets, family history, timing and the financial consequences in each jurisdiction. Early legal advice is essential.
Article Contributed by Avv. Armando Cecatiello, www.cecatiello.it
Avv. Armando Cecatiello of Studio Cecatiello is an Italian family lawyer advising on separation, divorce, asset protection and international family law matters, with particular focus on cross-border cases involving Italy, England and internationally mobile families.
