A domicile of choice in a country is been acquired immediately upon the person’s arrival in that country.
Lord Cairns, having held that it was unnecessary for him to examine the various definitions that have been given of the term ‘domicile’, held that the question to be considered was in substance whether the appellant: ‘had determined to make, and had made, Scotland his home, with the intention of establishing himself and his family there, and ending his days in that country?’
Judges:
Lord Westbury, Lord Cairns
Citations:
(1868) LR 1 Sc and Div 307
Jurisdiction:
England and Wales
Cited by:
Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Cited – Barlow Clowes International Ltd and Others v Henwood CA 23-May-2008
The receiver appealed against an order finding that the debtor petitioner was not domiciled here when the order was made. The debtor had a domicile of origin in England, but later acquired on in the Isle of Man. He then acquired a home in Mauritius . .
Lists of cited by and citing cases may be incomplete.
Administrative, Family
Updated: 06 December 2022; Ref: scu.228183