In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Intentions matter—even future or contingent ones—and must be assessed holistically. A move abroad does not automatically sever ties, particularly where evidence shows an intention to return. The judges rejected a narrow focus on physical presence, emphasising conduct before and after separation.
For practitioners, the message is clear: domicile is ‘not simply a matter of geography’.
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