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Melissa Lesson discusses the landmark Ferrara financial remedies ruling on domicile & forum conveniens
- Covers the Court of Appeal decision in Ferrara v Ferrara, a recent financial remedies case involving domicile of origin, domicile of choice and forum conveniens.
- After the family relocated from London to Milan, Mrs Ferrara avoided financial fiasco by proving England remained her domicile of choice.
- Illustrates importance of knowing legal rights prior to relocation, and of keeping evidence.
- Includes results of original research among 2,000 adults into awareness of legal risks of relocating their family to another country.
Cross-border family disputes are nothing new. London has long been a forum of choice for international families with global assets, international lifestyles and (often) competing jurisdictions in which divorce and financial proceedings may be brought. What has changed materially in recent years is the legal landscape in which those disputes are fought. Post-Brexit, family lawyers are navigating a more complex jurisdictional environment: reduced procedural certainty, greater scope for tactical manoeuvre, and a renewed focus on common law concepts such as domicile and forum conveniens.
Despite
