DOMICILE, MARRIAGE & CIVIL PATNERSHIP

Question 1

GEN PRINCIPLES domicile *In re Annesley

Answer 1

“For the purpose of this section, a party to a marriage shall be treated as domiciled in a country if he was domiciled in that country either according to the law of that country in family matters or according to the law of the part of the United Kingdom in which the question of recognition arises

Question 2

gen principles for domicile

Answer 2

connecting factor ‘domicile’ is for the lex fori
Domicile has the same meaning in all branches of the law. (Exception: domicile for purposes of jurisdiction (

Every person must have a domicile. Importance of rule of revival of domicile of origin.

An existing domicile is presumed to continue. Varying strengths of the presumption: origin, choice, dependence. *Qureshi v Qureshi [1972] Fam 173, 1

Domicile signifies a
connection with a ‘country’ in the IPL sense (eg New York) rather than a State (eg USA

Question 3

domicile of orgin def

Answer 3

juristoction of own domicile

connecting factor of domicile

Question 4

acquisition

Answer 4

DOMICILE
The law up to 4 May 2006

A legitimate child took its father’s domicile at its birth as its domicile of origin. An illegitimate child took the mother’s domicile

The law since 4 May 2006
FAM law scot act s.22 domicile persons under 16 (same courty as parents)
adoption children scot act 2007 s.40 status conferred by adoption

Question 5

bell v kennady

Answer 5

LOSS OR REMOVAL DOM OF ORIGIN
A domicile of origin can be ‘lost’ (rendered dormant) only by the acquisition of another domicile and not by abandonment.
born in jan to Scottish parents married in jamaca wanted to settle in scot. q was were they domiciled by 1848 if so then the daughter would claim Scottish dom for the prop if not the dom of origin would adhere until a new one acquired THE ONUS OF PROVING DOM ON THE PARTY WHO ALLEGES TO IT

Question 6

udny v udny

Answer 6

DOM OF ORIGIN When a person is without a domicile his domicile of origin revives

Question 7

(b) domicile of dependence (derivative domicile)

Answer 7

A. The Law before 01/01/74 A wife had her husband’s domicile while the marriage subsisted.

B. The law after 31/12/73 Domicile and Matrimonial Proceedings Act 1973, s 1:

(ii) Children

Domicile of dependence of children is now governed by Family Law (Scotland) Act 2006, s 22.

Question 8

IRC V DUCHESS OF PORTLAND

Answer 8

tax case dom of origin = cananda she retured to Canada every year 1973-1978 does she have English dom or dom of canada

Question 9

Acquisition of domicile of choice the essentials

Answer 9

capacity
residence
intention

Question 10

capacity

Answer 10

Acquisition of domicile of choice the essentials

Issues of capacity now arise only in respect of children under 16; and mentally disordered persons ((probably) that a person who lacks capacity in this way retains domicile he had at the time the disorder manifested itsel

Question 11

residence

Answer 11

Acquisition of domicile of choice the essentials

Residence means little more than physical presence. The length of residence is irrelevant

Question 12

ramsay v liverpoop royal infirmary

Answer 12

Acquisition of domicile of choice the essentials: intention and residence

RESIDENCE IS MORE THAN PHYSICAL PRESENCE:
valid will in scots law but in ENDgland invalid.
from Glasgow then went to Liverpool to live 35 years of life quit job means of bro ans sis show with evidence he HAD INTENTIOPN TO ACQUIRE. ONUS OF PROOF ON THE NEXT OF KIN

Question 13

sellers v sellers

Answer 13

Acquisition of domicile of choice the essentials residence
It is said that residence must be voluntary, but this is perhaps best treated as a factor relevant to intention and not as a separate requirement

Question 14

mark v mark

Answer 14

Acquisition of domicile of choice the essentials residence

Residence may be illegal

Question 15

intention

Answer 15

Acquisition of domicile of choice the essentials:

There must be an intention to reside permanently or for an unlimited time in a country

Question 16

CLARK V NEWMARSH

Answer 16

the duration and quality of residence may provide evidence of intention

Question 17

LOSS OF DOMICILE

Answer 17

physical abandonment (Thomson, petr 1980 SLT (Notes) 29) B. absence of an intent to continue to reside there permanently or indefinitely

Question 18

UDNY V UDNY

Answer 18

LOSS OF DOM
dom of original revives cornel born dom to scot for several sears. became an officer. succedded to scot estate 1812 leased the house and went to FRANCE and OCCASIONALLY VISITED SCOT HAD A CHILD WITH LADY IN FRANCE THEN MOVED. WHERE WAS CHILD DOM. HE NEVER LOST SCOT DOM. DOM OOF ORIGIN REVIVES

absence of an intent to continue to reside there permanently or indefinitely

Question 19

RE FLYN

Answer 19

LOSS OF DOM
absence of an intent to continue to reside there permanently or indefinitely
RATIO DEB-APRTS FRORM DOM OF CHOICE SUFFICIENT TO BRING TO THE END THAT DOM.