Robert Hines explores the thorny issue of pre-marital agreements & a foreign national’s right to apply for financial relief
The Court of Appeal handed down its judgment in the case of Traversa v Freddi [2011] All ER (D) 289 (Feb) EWCA Civ 81, and, in doing so, granted an Italian waiter, whose wife had obtained a separation order and divorce in Italy, permission to apply for financial relief in the courts of England and Wales under Part III of the Matrimonial Proceedings Act 1984 (Part III).
Facts
The parties, Traversa (the husband) and Freddi (the wife), are Italian nationals who were married in Italy on 14 November 1987. The wife was from an affluent family based in Northern Italy, whereas the husband came from a modest background in the Calabrian region of Southern Italy.
Before the marriage, the parties agreed to enter into a pre-marital agreement in which they elected for separation of goods regime should the marriage breakdown.
Following the marriage, the parties divided their time between Italy and England where they invested in a number
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