How are the concepts of habitual residence and domicile relevant when determining jurisdiction?
If you are a family law practitioner and are handling a case with an international perspective, such as a divorce or a matter where there is a legal issue involving a child, it is essential that you appreciate the relevance of habitual residence and domicile, as these two concepts will be crucial when determining jurisdiction.
Whilst habitual residence is relatively straightforward in terms of it being the country where a person regularly lives, domicile is more difficult to quantify but can be best explained as the country a person considers to be their home or where they have the closest ties, regardless of whether they currently live there.
During this 20-minute bite-size session family law lecturer and solicitor Safda Mahmood will briefly discuss some of the factors which must be considered when attempting to establish habitual residence or domicile.
Consideration will also be given to jurisdiction issues when dealing with divorces, finance applications following an overseas divorce and children matters, with reference to key case law in this area.
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