Illegal Residence and the Acquisition of a Domicile of Choice

Abstract

and Morris, The Conflict of Laws (10th ed., 1980), p.lll. 2. Halsbury's Laws of England (4th ed.), Vol.8, para. 482; Rayden, On Divorce (14th ed.), p.62. 3. [1979] 3 All E.R. 463. Until this decision judicial support had been found in Smith v. Smith 1962 (2) S. A. 930, a decision of the Federal Supreme Court of South Africa, and in the first instance decision of Solomon v. Solomon (1912) 29 W.N.(N.S.W.) 68, in Australia. 4. He had already held, on the facts as found, that Astrid Proll did not have the requisite animus manendi to acquire a domicile of choice in England. 5. Op. cit. supra n.l. 6. [1979] 3 All E.R. 463, 477. 7. Dicey and Morris, op. cit. supra n.l, at p. 101. 8. Abd-ul-Messih v. Farra (1888) 13 App. Cas. 431, 439. 9. The Domicile and Matrimonial Proceedings Act 1973, s.S, retains domicile as one of the jurisdictional criteria for divorce, nullity and judicial separation. In Puttick v. An. Gen. [1979] 3 All E.R. 463, jurisdiction to petition for a declaration as to the validity of marriage under the Matrimonial Causes Act 1973, s.45, was in issue. This depended upon the domicile of the petitioner. 10. Re Bischoffsheim [1948] Ch. 79; Legitimacy Act 1976, s.l. 885 (1984) 33 I.C.L.Q. 11. [1979] 3 All E.R. 463. 12. A marriage in which the parties do not intend to live together as husband and wife but which, by conferring a married status, is advantageous to one of the parties. And see Puttick v. Alt. Gen. [1979] 3 All E.R. 463, 469. 13. Dicey and Morris, op. tit. supra n.l. 14. Idem, p. 104 and n.133 and the authorities there cited. Mendes Da Costa, "Some Comments on the Conflict of Laws