The brand new Panel correctly repeated fourteen new testimonial built in the

The brand new Panel correctly repeated fourteen new testimonial built in the

Declaration of one’s Morton Regal Fee to your Relationships and you may Divorce proceedings

“new dispute away from statutes is liable to help you throw up unexpected issues as well as when we had gone compliment of all of the guidelines dealing having eg victims while the relationship, legitimacy and you will succession with this particular part of attention (and that we have perhaps not tried to do) it would be hasty to state that there had been few other instances where in actuality the present rules would not performs in case your couple got independent households” 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 your own Committee toward Decades

off Majority (the “Latey Report”) 15 and the Report of the Committee off Inquiry to examine regulations Relating to help you Female (the “Cripps Report”) 16 .

Fair share towards the 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

off married lady, “which has the origin regarding common-law subjection of the girlfriend on the partner, try an obvious instance of discrimination and you can provides particular absurdities” 20 . As the Panel considered that “it could establish overcomplication and other unwelcome abilities (such as for instance in relation to taxation) if a husband and wife life with her got separate house” 21 , they stated that they might “see no excuse to possess a girlfriend needing to keep their husband’s domicile as the partners are in reality life style separate and you will aside (the right position as to the lifestyle at which Courts commonly determine without insuperable complications) though there clearly was people Judge Order, splitting up or official breakup” 22 . Appropriately, the Committee recommended that:

“a married lady, once she actually is living separate and you can other than the woman partner (otherwise ex-husband), might be treated just the same once the an individual lady and you can are going to be eligible to her very own domicile slightly separately away from 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, Writeup on legislation when you look at the Matrimonial Reasons (1972); Scot. No.25, Breakdown of legislation into the Consistorial Reasons Impacting Matrimonial Reputation. 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 jurisdiction inside the divorce, nullity and official separation, the domicile of a married woman should be determined independently of that of her husband. The following year, the Domicile and you will Matrimonial Procedures Operate 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:

Leave a Comment

Your email address will not be published.