ABSTRACT
Here, we will look at the current law on divorce, which is set out in the Matrimonial Causes Act 1973 (all references in this section are to that Act, unless otherwise stated).
Does your client qualify in terms of domicile or residence? A court in England and Wales has jurisdiction to hear divorce and judicial separation petitions on one of two grounds: 1 either party is domiciled in England and Wales at
the date of the presentation of the petition; or 2 either party has been habitually resident in
England or Wales for one year immediately preceding the presentation of the petition
In most cases, this will not present a problem. Most of your clients will be both domiciled and habitually resident in England or Wales. However, if you are in any doubt, the basic rules relating to domicile and habitual residence are as follows: (a) neither has anything to do with nationality; (b) there are two types of domicile: domicile of
origin and domicile of choice. Domicile of origin has nothing to do with place of birth: it is the same domicile as the person’s father if the parents were married, the domicile of the mother if they were not married. A person never loses his/her domicile of origin, but s/he can change it to a domicile of choice. If a person lives in different places all at once, and does not have one domicile of choice, his/her domicile is considered to be his/her domicile of origin.
