(1)Subject to subsection (2) below, the domicile of a married woman as at any time after the coming into force of this section shall, instead of being the same as her husband’s by virtue only of marriage, be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile.
(2)Where immediately before this section came into force a woman was married and then had her husband’s domicile by dependence, she is to be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin) unless and until it is changed by acquisition or revival of another domicile either on or after the coming into force of this section.
(3)This section extends to England and Wales, Scotland and Northern Ireland.
Textual Amendments
F1S. 2 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2
(1)The time at which a person first becomes capable of having an independent domicile shall be when he attains the age of sixteen or marries under that age; and in the case of a person who immediately before 1st January 1974 was incapable of having an independent domicile, but had then attained the age of sixteen or been married, it shall be that date.
(2)This section extends to England and Wales and Northern Ireland (but not to Scotland).
[F2(1)Subsection (2) of this section shall have effect with respect to the dependent domicile of a child as at any time after the coming into force of this section when his father and mother are alive but living apart.
(2)The child’s domicile as at that time shall be that of his mother if—
(a)he then has his home with her and has no home with his father; or
(b) he has at any time had her domicile by virtue of paragraph ( a ) above and has not since had a home with his father.
(3)As at any time after the coming into force of this section, the domicile of a child whose mother is dead shall be that which she last had before she died if at her death he had her domicile by virtue of subsection (2) above and he has not since had a home with his father.
(4)Nothing in this section prejudices any existing rule of law as to the cases in which a child’s domicile is regarded as being, by dependence, that of his mother.
(5) In this section, “ child ” means a person incapable of having an independent domicile; . . . F3
(6)This section extends to England and Wales, Scotland and Northern Ireland.]
Textual Amendments
F2S. 4 repealed (S.) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2
F3Words repealed by SI 1987/2203, art. 72(3), Sch. 5 Pt. I