I’m 47 and I am Italian. I got married to a British woman in 1989 and we have a son who is 14. We got married with the civil ceremony in London, the catholic ceremony in Italy. Our son was born in Spain where we have been living for 9 years. When I discovered my wife’s affair, in February last year we were in France. We have since moved to London and have been here for 10 months. I’m living in the marital house with my son in London. Which law is going to be applicable and what the best course of action?
Once you have lived in England for 12 months you would be able to start divorce proceedings in England. Moreover, as you have been back in England for 10 months now, in respect of any children proceedings, England would be considered the country of your son’s habitual residence.
Therefore, the law relating to welfare of your son would be the law of England. Thus the potential divorce (and consequential financial proceedings), together with any children proceedings should be conducted in England. A proper understanding of your family’s assets and where they are located, and a chronology would useful for me to advise you more.
Read more about divorce and Italy.