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United Kingdom domicilejurisdiction

Kelly v Pyres

[2018] EWCA Civ 1368; [2019] 1 FLR 62
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal (Civil Division)
Year2018
StatusBinding authority

Key Principle

To displace a domicile of origin and establish an English domicile of choice for divorce jurisdiction the petitioner must prove, by clear evidence to the ordinary civil standard, both residence in England and a fixed intention to reside there permanently or for the indefinite future; treating England merely as a financial base or place of medical care, without genuine personal connection, is insufficient.

Area of Law

General

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