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In divorce, civil partnership dissolution, or separation cases, you need to show that one of the following statements is true:
If none of the above statements is true of your situation, the courts of Northern Ireland may still, in some circumstances, be able to hear your application. For example, if you're in a same-sex marriage or civil partnership that was formed in Northern Ireland and no court is recognised as having jurisdiction, the courts in Northern Ireland might assume jurisdiction. They'd do this if it was in the interest of justice to do so, but this 'jurisdiction of last resort' is complicated and you would need to seek legal advice.
You are domiciled in the country in which you have, or are deemed by law to have, your permanent home. In some cases, you may have no permanent home, but the law requires you to have a domicile. Similarly, you may have more than one home, but you can have only one domicile.
Domicile of origin
The domicile of origin is gained at birth. It will be the same as the father's if the child is born to married parents or the mother's if the child is born to unmarried parents, until proven otherwise. It is not determined by the place of birth.
This domicile cannot be taken away, but it can be suspended if a domicile of choice or a domicile of dependence is acquired.
Domicile of dependence
Children under 16 and people suffering from mental incapacity can acquire a domicile of dependence based on the domicile of the person on whom they are legally dependent.
Domicile of choice
Any person, not legally dependent on another, may at any time change their existing domicile and get a new domicile in another country if they intend to:
It doesn't matter how long they choose to live there, as long as they have the required intention.
Habitual residence means that a person lives somewhere regularly and is only away temporarily. To establish habitual residence a person must be physically present in a particular place voluntarily and with the intention to remain there for a significant amount of time.
The test of habitual residence is where a person has substantial links with a country that they live in.