A woman faces being denied millions of pounds in a divorce settlement after senior judges ruled that the case must be heard by a rabbinical court in Israel under the terms of a prenuptial agreement.

Alexandra Ella, 41, and her multimillionaire husband, Yuval, 52, signed the agreement when they married in 1996 and under its terms she has no right to any of his capital assets. They include several properties in Hampstead, northwest London, valued at millions of pounds in 1996.

The woman’s lawyers argued at the Court of Appeal’s civil division in London that the divorce wrangle should be heard in England, where the courts are not bound by pre-nuptial agreements.

But the judges disagreed yesterday, upholding an earlier ruling that the case must be heard by a rabbinical court in Israel in line with the prenuptial agreement and where it is likely to be given its full effect.

Mrs Ella still lives in the marital home in Admiral Walk, Hampstead, and her counsel, Bruce Blair, QC, had told the court that if the prenuptial agreement was enforced it would “deprive the wife of all and any capital provision” after her divorce.

Mr Ella, also of Hampstead, declared his assets in the prenuptial agreement to be valued at more than £2.5 million — including three properties in the exclusive NW3 postcode.

Emma Hatley, family law partner at City law firm Withers, said: “This is a very sound ruling which recognises the growing importance of prenuptial agreements.”

Although Mrs Ella was the first to lodge proceedings and did so in England, the judges looked at the evidence that the family had strong ties with Israel and that the couple’s prenuptial agreement, which is binding in Israel, had specified that this was where any divorce would be decided. “The judges said that the case at first sight looked like a case for the courts in London but that it was right to regard the prenuptial agreement as a major factor,” she added.

After nearly two days of intense legal debate, Lord Justice Thorpe, sitting with Lord Justice Maurice Kay and Mr Justice Charles, dismissed the wife’s plea that the divorce case should be heard in England, where the law would be more likely to favour her.

The judge said that the couple met in 1996 and within months Mrs Ella, who was born in Britain, became pregnant. The couple married in Israel, but eventually returned to England to live.

During the marriage they had three children, who are now aged 9, 8 and 4. Last year the marriage broke down and Mrs Ella filed for divorce in London.

Mr Blair argued that her decision to bring her case in England was “entirely natural and appropriate” and that it would have been “extremely surprising” had she filed the proceedings in Israel. He claimed that the suggestion that the rabbinical courts in Israel had jurisdiction over the case was “simply wrong” and that a family judge who earlier ruled in Mr Ella’s favour had “ misdirected himself” on the legal issues.

But, ruling that the case must go ahead in Israel, Lord Justice Thorpe said: “I’m simply not persuaded that Mr Blair has demonstrated any misdirection on the part of the judge.

Explore UK News

• Crime News

• Education News

• Health News

• Scotland News

Times Recommends

• UK regional accents thrive against the odds
• ‘Scarecrow’ wind farms put rare birds to flight
• What an anti-climax: G-spot is a myth