The UK or Italy: Where should I divorce?

Described by La Repubblica as “one of the most famous divorce firms in the world”, Vardags is a top London-based divorce law firm serving high net worth (HNW) and ultra-high net worth (UHNW) individuals based in Italy but having links to England and Wales.  

We have a dedicated Italian team led by our Founder and President, Ayesha Vardag, who has been hailed “la super avvocata matrimonialista” (“the best matrimonial lawyer”) by La Repubblica. Accompanying Ayesha is  Senior Associate  Maria Fiorito, who maintains and acts for a notable and high-profile Italian client base. As such, we are uniquely well-placed to provide insight into cases with an Italian element. 

UK vs Italy divorce: What is the difference? 

English family law differs under many aspects from Italian family law. If you are to choose between the two jurisdictions, it could be helpful to keep in mind these principal differences: 

• In Italy you can obtain a divorce only after you have obtained a legal separation. You can file for divorce after one year from the separation decree, in cases of judicial separation, or after 6 months, in cases of consensual separation. 

• In Italy you cannot file only for divorce. If there are any related matters, such as children arrangements and/or financial provisions to make, the application for divorce must deal with these matters at the same time and within the same proceedings. 

• Italian judges in divorce proceedings have limited powers compared to English judges in terms of financial orders. Where the English courts can make various provisions for the family assets, the Italian courts can only make spousal maintenance orders and children maintenance orders. 

• The Italian jurisdiction does not recognise prenuptial agreements. However, they are sometimes considered valid and enforceable by the Italian courts, depending on the terms of the agreement itself. 

• The Italian jurisdiction provides matrimonial regimes which are available to the spouses. The spouses can choose between communion of assets or separation of assets. This choice is highly important at the time of divorce. 

For more information, see  The International Comparative Legal Guide - Family Law 2021, with contributions from top divorce solicitor,  Maria Fiorito. 

As an Italian national, can I divorce in England and Wales? 

Yes, Italian nationals may be able to apply for divorce in England and Wales. This is dependent on the habitual residence or domicile status of either you or your spouse. But be aware – if one spouse perceives either of the two jurisdictions as being advantageous, there may be a race to get there first to ensure that the divorce is heard in one jurisdiction as opposed to the other one. 

The rules around jurisdiction in England and Wales are complex, so it is crucial to seek specialist legal advice to determine the best possible route for your situation. 

If you have a connection with a different jurisdiction, whether it is Italy or another country, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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Why is London the divorce capital of the world? 

The media often reports London as the ‘divorce capital of the world’ following several significant financial settlements and in specific, settlements in favour of the spouses who have chosen England and Wales to pursue their divorces in. This is because courts in England and Wales typically aim for equitable division of assets, considering factors such as each spouse’s financial contribution, needs and future earning potential as well as non-financial contributions. In comparison to other jurisdictions, the English courts emphasise equality in financial settlements and start from 50/50, treating the same the breadwinner and homemaker of the marriage. 

Vardags’ team of top divorce lawyers serving clients in Italy delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.