Search site
Call our office
Make an enquiry
Our Resolve. Your Resolution.
Although efforts have been made to make the law surrounding divorce and custody disputes, more ‘user friendly’ there are still some terms which can remain a bit of a mystery to non-lawyers!
One of those terms is habitual residence. It crops up both in divorce proceedings and in child arrangements proceedings. The issue behind the term is ensuring that the Family Courts of England and Wales are the correct courts to determine the Application. For them to be the correct court, it is usually the case that one of the parties (in the case of the divorce) or the child of the family (in the case of custody) must be habitually resident here.
To prove habitual residence you need to show that you live in England. You can demonstrate this by having your home address here, by working here and by your day to day life happening in England. Temporary absences for holidays or short-term work contracts are unlikely to affect your habitual residence. habitual residence status as you can only have one place of habitual residence at any one time.
It is vital to ensure that you secure a court in the country where you are most likely to get a beneficial outcome. If there is a possibility that your ex-partner could issue court proceedings in another country, then you should make enquiries as soon as possible to find out whether they would get a better deal in that jurisdiction and if so, you should get your Court Application in as quickly as possible!
Contact us if you are looking for specialist advice, delivered refreshingly free of legal jargon, on any aspect of divorce and family law.
Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
Am I legally liable for the behaviour of my employees at our Christmas party?
It is important to realise that a work’s Christmas party is a work-related event and it should be treated as an extension of the workplace. So, you can be legally liable for the behaviour of members of staff whilst at a Christmas party. The best way...
It’s common for parents to want to help their adult children financially, for example, providing support when a couple buy their first home together. But how should this money be dealt with if the couple are married and later divorce? When the...
"We both want the dog!" - who keeps your pet when you separate or divorce?
As a nation of pet lovers, you may expect there to be clear rules about what should happened to a family pet when a relationship comes to an end. Sadly, this is not the case, and pets are treated as chattels – the same as any other personal...
