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These are legal concepts which are very important in international family law and can effect legal issues concerning a child.
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”:
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.
International Family Law
Divorce Finances
You could actually be domiciled in one country but habitually resident in another. Equally the same could apply to your partner.
Therefore, you may have the option to divorce in different jurisdictions.
It is important that you seek specialist legal advice so that you can compare and contrast financial outcomes and choose the jurisdiction which best suits your case.
If any of these issues affect you please call Maguire Family Law for a consultation with a specialist family law solicitor.
We are expert in dealing with international family law cases. James Maguire is a Fellow of the International Academy of Family Lawyers. He is also on the panel for a number of embassies including the US Embassy and British Consulates overseas. We also have contact to several leading lawyers worldwide.
