Kelly v Pyres

The wife did not acquire a domicile of choice in England as there was no clear, cogent evidence that she formed the requisite intention to reside permanently or indefinitely in England during her periods of residence; intention formed while not resident cannot establish domicile of choice.

Parties: Applicant/respondent: Una Mary Kelly; Respondent/appellant: John Norman Pyres
Jurisdiction: England and Wales
Judgment Date: 14 June 2018
Procedural Posture: Appeal / Judgment on Appeal From High Court (family Division)
Outcome: Appeal allowed; respondent's notice dismissed.
Legal Topics: Domicile, Jurisdiction, Divorce, Matrimonial Proceedings

Family Law Private International Law Domicile Jurisdiction Divorce Matrimonial Proceedings

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Parties

Una Mary Kelly

Applicant/respondent

John Norman Pyres

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court (family Division)

Legal Issues

1 Whether the applicant wife acquired a domicile of choice in England and Wales at the date of her divorce petition
2 Whether the judge erred in law in finding domicile of choice based on residence and intention

Ratio Decidendi

Court Disposition

Appeal allowed; respondent's notice dismissed.

Orders

The wife is not domiciled in England for purposes of section 5(2) of the Domicile and Matrimonial Proceedings Act 1973 and Article 7 of EU Regulation 2201/2003.
The wife cannot proceed with her divorce suit in England based on domicile.