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Report No. 65

7.2. Chronological developments-Domicile.-

It would be convenient to deal with the subject chronologically, and to discuss the various developments in order of time. The orthodox doctrine of English common law was that, in general, a foreign court is competent to grant divorce only if the parties are domiciled within its jurisdiction at the commencement of the proceedings of divorce. Such a divorce, but no other, would be recognised by English courts. The "domicile", for this purpose, is taken in the English sense. Mere temporary residence does not fall within the purview of "domicile"1.

1. Shaw v. Gould, 1865 LR 3 HL 55.

Recognition of Foreign Divorces Back

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