The Assumption

"We moved abroad years ago, so I cannot get divorced in England — I am stuck with whatever the foreign court decides."

Court Reality

In Ferrara v Ferrara [2026] EWCA Civ 512, the Court of Appeal confirmed that living abroad for years does not automatically extinguish an English domicile of choice. Where you have strong connecting factors — years of adult life, children born in England, enduring ties — English jurisdiction can remain available. A foreign divorce can leave you financially destitute if you unknowingly signed a foreign property regime.

The Assumption

"Once we're divorced, that's it. My ex can't come after my money or assets later."

Court Reality

A divorce ends the marriage but does not itself close off financial claims between spouses, which are dealt with separately under the Matrimonial Causes Act 1973. Without a court-approved financial order, either party can bring a claim later, sometimes many years later. In Wyatt v Vince [2015] UKSC 14, the Supreme Court allowed a financial claim to proceed nineteen years after a 1992 divorce, because no financial order had ever been made, even though the couple had almost nothing at the time they split.

The Assumption

"We have children together, so I'm automatically entitled to stay in the house, or my ex is automatically entitled to a share of it."

Court Reality

Having a child together doesn't itself create an ownership share. It can support a separate claim under Schedule 1 of the Children Act 1989, for example for a property to be provided or a lump sum paid for the child's benefit, but these claims are for the child, not the parent, are fact specific, and any property provided this way is typically returned when the child turns 18 or finishes secondary education.

The Assumption

"Because I love my children and they love me, shared care should be ordered."

Court Reality

A loving relationship is important but is not the only welfare factor. The court must also weigh the emotional environment the children are exposed to, the impact of ongoing parental conflict, and whether increased time would create more opportunities for undermining behaviour. Where risks outweigh the benefits, the court will prioritise child welfare over the benefits of shared care.

The Assumption

"If proceedings have already run for years, a judge who knows the case well should keep hearing it, even if things go wrong procedurally."

Court Reality

Serious procedural unfairness can lead an appeal court to reallocate a long-running case to a different judge entirely, even where this breaks judicial continuity built up over several years, particularly where the relationship between the court and a party or professional involved has been damaged.