Your domicile is the place where you maintain a permanent home.
Your domicile is not necessarily the same as your nationality or the country in which you are living, and you can only have one active domicile at a time.
Your domicile may also change as your circumstances change.
Two types of domicile are relevant in the context of divorce:
1. Domicile of origin
Domicile of origin is your domicile at birth. If your parents were married when you were born, it is your father's domicile. If your parents were unmarried or your father died before birth, it is your mother's domicile. Where you were born is irrelevant.
Your domicile or origin can never be permanently removed but can be replaced by a domicile of dependency or choice.
When your domicile, choice, or dependency is lost, your domicile of origin will resume
2. Domicile of choice
You will acquire a domicile of choice when you are resident in England and Wales and intend to reside here permanently and indefinitely.
In deciding whether you have acquired a domicile of choice, the court will consider a wide range of factors, including whether you:
• Retain a home in England and Wales;
• Spend the majority of your time in England and Wales;
• Have become or is becoming a citizen of England and Wales;
• Work in England and Wales;
• Send your children to school in England and Wales;
• Pay local taxes;
• Have your mail sent to an address in England and Wales;
• Registered with a beautician or hairdresser in England and Wales;
• Are a member of a gym or sports club in England and Wales.
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