The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on domicile and habitual residence.
There are significant differences between domicile and habitual residence—habitual residence is generally a question of fact, whereas domicile is a legal concept. There are also differences in the courts' approach to the domicile and habitual residence of adults and that of children, see Practice Note: Jurisdictional issues in children proceedings.
Where, unusually, an individual has no domicile, or their domicile is unknown, the Court of Justice of the European Union has found that jurisdiction should be extended to the individual’s last known domicile.
The issue of the court's jurisdiction should be addressed at the outset of the proceedings and dealt with in a procedurally appropriate manner. In Re F (A Child): (Care proceedings: Habitual residence), the Court of Appeal gave the following guidance as to the appropriate procedural steps to be taken:
the form of the order is important—while it is possible to make an interim declaration, a declaration made on a without notice application is valueless, potentially misleading and should accordingly never be granted
if it is
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234