Domicile and Habitual Residence

Domicile – The country which a person regards as their home country, whether or not they are currently living in that country.

There are two types of “domicile”:

• “domicile of origin” (the domicile eg. of the father at the time of the person’s birth); and
• “domicile of choice” which can be subsequently acquired by living permanently in a country or for an indefinite duration

A special legal status is associated with domicile. A person may be able to get divorced in their country of domicile, even if they have not lived there during the marriage.

Habitual residence – the country of ordinary residence, i.e. living there voluntarily and for settled purposes (such as work, training, family life), apart from temporary or occasional absences.

A person must spend an appreciable part of time somewhere to claim habitual residence there.