Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Domicile definition

What does Domicile mean? In practice, domicile identifies a person’s permanent home and chief legal connection, used in private international law to decide jurisdiction and the applicable law for matters such as divorce, succession and tax. Across England & Wales, Scotland and Northern Ireland the concept is principally developed in case law (notably Udny v Udny), with statutory adjustments including the Domicile and Matrimonial Proceedings Act 1973 (which ended the dependent domicile of married women and uses domicile in family jurisdiction). In Ireland, the Domicile Act 1991 codifies and reforms the common‑law rules. Key features are broadly consistent across these jurisdictions: - Domicile of...

Domicile (origin, choice, dependence) and habitual residence in family proceedings: jurisdiction, procedure, key case law, child habitual residence, and post-Brexit transitional issues

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note examines how domicile is identified and its various forms—origin, choice, and dependence—within family proceedings, setting out how the court approaches domicile and the consequences for a case. It also addresses how habitual residence is assessed, including for a child, with reference to pertinent authorities. The effects of brexit, including transitional measures, are considered. At 11pm (GMT) on 31 December 2020, the Brexit transition/implementation period concluded following the UK’s exit from the EU. From that moment (termed in UK law as ‘IP completion day’), core transitional rules ceased and notable alterations took place across the UK’s legal framework. These changes affect advisers evaluating which court has jurisdiction to hear a dispute. For direction, see Practice Note: Family proceedings with EU connections—toolkit. It is important to distinguish domicile from habitual residence—habitual residence is ordinarily a factual inquiry, whereas domicile is a legal concept...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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