Definition of ‘habitually resident’ and ‘domicile’

Definition of ‘habitually resident’

Where you are habitually resident would generally be wherever you live and work. This would normally be the country that you have made your home.

Definition of ‘domicile’ in England

Domicile is quite a complex area of law and can mean different things in different situations and legal settings.

When it comes to looking at which country you could be eligible to divorce in, unlike habitual residency, you can only have one domicile[1] . This is usually acquired at birth but could be changed by, for example, cutting all ties to your ‘home’ country and settling somewhere else, with the intention of never coming back.

Many expats find that they are still domiciled in England, so could be eligible to divorce through the English courts.

If you think you or your spouse could be eligible to divorce in more than one jurisdiction, or even if you are unsure, it is highly recommended that you seek legal advice as soon as possible, from a solicitor experienced in international divorce law, in each potential jurisdiction.

This way, you can work towards making an informed decision about which country would be best to undertake your divorce in.

Get in touch with us to discuss your particular circumstances – our divorce solicitors are experienced in expat divorces and are happy to help if you are unsure as to whether you may be able to divorce in England.