Domicile and Habitual Residence Solicitors
These are legal concepts which are very important in international family law and can effect legal issues concerning a child.
What is domicile?
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
What does domicile mean for an international divorce?
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.
What is habitual residence?
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.
What jurisdictional options do I have for an international divorce case?
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.
Do I need advice from an international divorce lawyer?
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.