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Habitual residence—divorce, separation and annulment definition

Published by a LexisNexis Private Client expert

What does Habitual residence—divorce, separation and annulment mean?

When determining habitual residence, the emphasis is on a person’s centre of interests, for which the test is an objective one. intention forms part of the court’s overall assessment, concepts such as 'permanent', 'habitual', 'residence' and 'home' have a mental element that the court is able to assess objectively.

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Domicile and habitual residence

Domicile and habitual residence This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law. The implications of Brexit, including transitional provisions, are also considered. 11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Family proceedings with EU connections—toolkit. There are significant differences between domicile and habitual residence—habitual residence is generally a question of fact, whereas domicile is a legal...

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