In 1893 a Scotsman, who had contracted dissipated habits, executed a voluntary deed of separation and, with his wife’s approval, went to Australia. He lived in Brisbane from 1899 till his death in 1918. In 1902 he contracted in that city a bigamous marriage. His wife continued to live in Scotland till the date of her death, September 1915. Held ( aff. judgment of the First Division) that as the husband had at the date of her death acquired a domicile in Australia the wife’s domicile was also in Australia.
Judges:
Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw
Citations:
[1920] UKHL 535
Links:
Jurisdiction:
Scotland
Family, Wills and Probate
Updated: 22 October 2022; Ref: scu.631543