Willar v Willar [1954] ScotCS CSIH_2 (29 June 1954)

Willar v Willar [1954] ScotCS CSIH_2 (29 June 1954)

The pursuer's clear intention to settle in Scotland, combined with his residence—even if in military quarters—was sufficient to establish a domicile of choice, given the special facts and the minimum standard required for serving soldiers. The Court sustained jurisdiction for divorce.

Citation
[1954] ScotCS CSIH_2
Parties
Pursuer: Captain Elmo Malcolm Willar; Defender: Mrs Willar
Jurisdiction
Scotland
Judgment Date
29 June 1954
Procedural Posture
Divorce Action for Desertion / Appeal/reclaiming Motion Before Second Division
Outcome
Court sustained jurisdiction; action for divorce allowed to proceed.
Legal Topics
Domicile of Choice, Jurisdiction in Divorce, Military Service and Domicile
Family Law Conflict of Laws Domicile of Choice Jurisdiction in Divorce Military Service and Domicile

Case Brief

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Parties

Captain Elmo Malcolm Willar

Pursuer

Mrs Willar

Defender

Procedural Posture

Divorce Action for Desertion / Appeal/reclaiming Motion Before Second Division

Legal Issues

  1. 1 Whether a serving soldier can acquire a domicile of choice in Scotland for the purposes of divorce jurisdiction
  2. 2 Whether the pursuer's residence in Scotland qualifies as residence for domicile purposes

Ratio Decidendi

The pursuer's clear intention to settle in Scotland, combined with his residence—even if in military quarters—was sufficient to establish a domicile of choice, given the special facts and the minimum standard required for serving soldiers. The Court sustained jurisdiction for divorce.

Court Disposition

Court sustained jurisdiction; action for divorce allowed to proceed.

Orders

  • Jurisdiction of the Scottish Court sustained
  • Action for divorce not dismissed