Habitual Residence and Domicile in Family Cases

How are the concepts of habitual residence and domicile relevant when determining jurisdiction?

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Course Overview

If you are a family law practitioner and are handling a case with an international perspective, such as a divorce or a matter where there is a legal issue involving a child, it is essential that you appreciate the relevance of habitual residence and domicile, as these two concepts will be crucial when determining jurisdiction.

Whilst habitual residence is relatively straightforward in terms of it being the country where a person regularly lives, domicile is more difficult to quantify but can be best explained as the country a person considers to be their home or where they have the closest ties, regardless of whether they currently live there.   

During this 20-minute bite-size session family law lecturer and solicitor Safda Mahmood will briefly discuss some of the factors which must be considered when attempting to establish habitual residence or domicile.

Consideration will also be given to jurisdiction issues when dealing with divorces, finance applications following an overseas divorce and children matters, with reference to key case law in this area.

What are the requirements?

  • Watch the recorded webinar and complete the short quiz to test your legal knowledge
  • This course provides 0.5 CPD points

Learning Outcomes

  • On completion of this course you will:
  • • Be familiar with key legislation including s.5 (2) Domicile and Matrimonial Proceedings Act 1973 (as amended by European Communities (Matrimonial Jurisdiction and Judgements) Regulations 2001)
  • • Have considered key family case law concerning habitual residence and domicile
  • • Understand the importance of habitual residence and domicile when determining jurisdiction in cases involving an international aspect

What is the target audience?

  • Trainee and qualified family law practitioners


About Instructor - Safda Mahmood

Safda is a senior solicitor, with a public authority, having had practiced in both Private Practice and Local Government. Safda is on the Law Society Children Panel and specialises in Children Law and Adoption. He delivers training across the country and writes regularly for various journals including Family Law Journal, Legal Executives Journal and Law Society Bulletin.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Slides
    6 Page


  • Quiz