Declaration of the Morton Regal Payment towards the Wedding and you may Divorce proceedings

“the fresh disagreement out-of laws and regulations is liable to purge unexpected dilemmas and even when we had opted through all of the statutes coping having including victims because the marriage, authenticity and you can succession with this specific part of head (hence you will find not attempted to carry out) it would be hasty to declare that there had been few other cases in which the present legislation won’t work in the event the wife and husband got independent homes” thirteen .

Earliest Statement that only in cases where a judicial separation had been obtained should a married woman be capable of acquiring an independent domicile. There was no legislative response to the Committee’s Reports during the Nineteen Sixties, but the subject of domicile was considered in two other reports, the Statement of one’s Committee to your Age

of Most (the “Latey Declaration”) 15 and the Declaration of Panel from Inquiry to look at the law Appropriate to Girls (the “Cripps Statement”) 16 .

Fair share to your Fair Intercourse

The Latey Report on the age of majority was published in 1967. The Report dealt only briefly with the question of domicile, stating that the Committee had “received little evidence on it” 17 . The Committee considered that, in the light of previous reports on the general subject of domicile, it was “not justified” 18 in making any recommendations concerning the law of domicile affecting persons under 21 other than that the age for capacity to acquire an independent domicile should be reduced to 18 years; and the Report so recommended 19 .

The Cripps Report (the Report of the Committee of Inquiry set up by Mr Edward Heath M.P. to examine the law relating to women) was published by the Conservative Political Centre in 1969. It was entitled . On the question of domicile, the authors of the Report considered that the domicile of dependency

regarding married people, “with their supply in the common law subjection of one’s wife to the spouse, is actually an obvious example of discrimination and provides particular absurdities” 20 . As the Panel thought that “it might develop overcomplication and other unwanted abilities (such as for example when it comes to taxation) when the a couple traditions together got separate homes” 21 , it stated that they may “find no reason having a wife being forced to always keep the woman husband’s domicile while the couples are now actually living independent and you sexy lithuanian girls will apart (a situation as to what lifetime of which Process of law usually choose without insuperable difficulties) though there’s any Legal Order, divorce otherwise judicial break up” twenty two . Appropriately, new Panel better if:

“a wedded girl, after the woman is way of living separate and you may except that this lady spouse (or old boyfriend-husband), shall be addressed just the same as an individual woman and you may will be eligible to her very own domicile some by themselves out of his” 23 .

The English Law Commission and the Scottish Law Commission, which examined the question of married women’s domicile in the limited context of jurisdiction for certain matrimonial proceedings, recommended 24 in 1972 that for the

Law Com. No.48, Review of legislation in Matrimonial Explanations (1972); Scot. No.25, Summary of legislation into the Consistorial Reasons Impacting Matrimonial Standing. See also the (1951–55) (Cmd. 9678) which in para.825 and Appendix IV (para. 6) recommended that for the purposes of divorce jurisdiction a married woman should be able to claim a separate domicile. (Cp. the concept of proleptic domicile, dealt with supra).

reason for legislation inside the split up, nullity and you can official separation, the domicile of a married woman should be determined independently of that of her husband. The following year, the Domicile and Matrimonial Procedures Work 1973 finally resolved the question, but went further by allowing a e way as any independent person may. The Act was the result of a Private Member’s Bill introduced in 1972 by Mr Ian MacArthur, M.P. Section 1(1) of the Act provides that the domicile of a married woman: