Report No. 65
13. Domicile and nationality of wife.-
(1) For the purposes of this Act, and subject to the provisions of sub-section (2), the domicile of a married woman or at any time after the commencement of this Act shall, instead of being the same as her husband's by virtue only of marriage, be ascertained by reference to the same factors as in the case of any other individual capable of having in independent domicile1-2.
(2) Where, immediately before the commencement of this Act, a woman was married and then had her husband's domicile by dependence, she shall be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin), unless and until it is changed by acquisition or revival of another domicile either on or after the commencement of this Act.
1. See Chapter 15 of the Report.
2. The last alternative draft is preferable.
Alternative draft
(1) For the purposes of this Act, and subject to the provisions of sub-section (2), the domicile of a woman who is, or has at any time been married, shall be determined as if she had never been married.
(2) Where, immediately, before the commencement of this Act, a woman was married and then had her husband's domicile by dependence, she shall be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin), unless and until it is changed by acquisition or revival of another domicile either on or after the commencement of this Act.
Another alternative draft
(1) For the purposes of this Act, and subject to the provisions of sub-section (2), any rule of law whereby a woman on her marriage acquires her husband's domicile or nationality shall not be taken into account.
(2) Where, immediately, before the commencement of this Act, a woman was Married and then had her husband's domicile by dependence, she shall be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin), unless and until it is changed by acquisition or revival of another domicile either on or after the commencement of this Act.
Back
