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Sophie ReadSenior Associate

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Higher Divorce Settlements in England vs Italy? Have your Cake and Eat it

An Italian luxury goods company boss and his wife attended court yesterday as they continue to argue about which country should determine their financial settlement following the breakdown of their marriage.

Ferruccio Ferragamo, the chairman of the multimillion pound designer company, Salvatore Ferragamo, argues that the Italian court should make the decisions as they both are Italian and lived in Italy when they were married. However, his estranged wife, Ilaria Giusti, argues that the English court should hear the case, which may come as no surprise as many view London as the “divorce capital of the world”.

High Court Judge, Mr Justice Francis, who previously determined this issue last year, said that Ms Giusti moved into a new home in London in late 2017 in an attempt to argue that the English court should hear the case.  He said that it appeared to be common ground that she is likely to secure a higher financial award in England as opposed to Italy.  Mr Justice Francis went on to say that her actions were unprincipled and he described the situation as a remarkable case of Ms Giusti trying to have her cake and eat it.  Mr Justice Francis ruled that the legal proceedings in this country should be halted pending rulings by the Judges in Italy.

Unhappy with this decision, Ms Giusti has now asked the Court of Appeal Judges in England to overturn this ruling as she continues to believe that the English court should hear the case. Ms Giusti’s legal team argue that Mr Justice Francis fell into error when he made his decision and so the case continues.

The law in relation to dealing with financial matters that arise from divorce can vary from country to country and can be complex. If you have a question about divorce, separation or to assist you in the resolution of your financial matters then please contact our experienced family and divorce lawyers who are on hand to assist.