header-logo header-logo

23 January 2026 / Jennifer Headon , Isobel Inkley , Fiona Collins
Issue: 8146 / Categories: Features , Family , Divorce , Jurisdiction , International
printer mail-detail

Domicile in parallel divorce proceedings

A recent decision has clarified jurisdiction in family law, writes Jennifer Headon, Isobel Inkley & Fiona Collins
  • The Court of Appeal decision in Ramana v Kist-Ramana dealt with the evidential burden and evaluative approach for assessing domicile of choice in the context of divorce jurisdiction.
  • The decision reinforces the need for practitioners to take a nuanced and evidence-based approach.

The concept of domicile remains a cornerstone in determining jurisdiction in family law proceedings, particularly in cases involving international elements. The recent Court of Appeal decision in Ramana v Kist-Ramana [2025] EWCA Civ 1022 provides clarification on the evidential burden and evaluative approach required when assessing domicile of choice in the context of divorce jurisdiction. For practitioners, this case demonstrates the importance of a holistic and fact-sensitive analysis, especially where parties have moved across borders and their intentions for relocation are contested.

Legal framework

Domicile of origin is acquired at birth and typically reflects the domicile of the father, assuming the parents are married.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll