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Miranda Mourby: Domicile in a post-Victoria era
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Domicile in a post-Victoria era
Two cases reported at the start of this year
Ray v Sekhri [2014] EWCA Civ 119 and
Divall v Divall [2014] EWHC 95 (Fam) [2014] 2 FLR (forthcoming) illustrate the scope for reform of the law relating to domicile. The choices made by families with multinational bases are inextricably connected with cultural and intergenerational shifts yet many of the principles on which the senior courts are assessing these choices have remained firmly rooted in the nineteenth century. A telling contrast can be made with recent changes in the law of habitual and ordinary residence following
Re LC (Reunite: International Child Abduction Centre Intervening) [2014] UKSC 1 [2014] 2 FLR (forthcoming) and
R (Cornwall Council) v SoS for Health and Others [2014] EWCA Civ 12 which provide a glimpse of what a modernised law of domicile might look like.
Domicile of origin
In both
Ray v Sekhri and
Divall v Divall it was explicitly noted that the parties were not disputing the applicable...
Read the full article here.
