The new Committee appropriately frequent fourteen the new recommendation produced in their

The new Committee appropriately frequent fourteen the new recommendation produced in their

Report of Morton Regal Commission on Relationships and you can Breakup

“the newest disagreement away from legislation is likely so you can provide unforeseen dilemmas and even when we had opted owing to all of the legislation dealing which have for example victims because the matrimony, validity and succession with this particular reason for head (and this you will find not made an effort to would) it could be hasty to declare that there are not any other times in which the established guidelines would not performs whether your wife and husband got independent property” thirteen .

Basic Declaration that only in cases where a judicial separation had been obtained should a married woman be capable of acquiring an independent domicile. There was no legislative response to the Committee’s Reports during the Nineteen Sixties, but the subject of domicile was considered in two other reports, the Statement of your own Committee to the Decades

out-of Bulk (the “Latey Statement”) 15 and the Report of your own Committee off Inquiry to examine legislation Appropriate so you can Females (the “Cripps Declaration”) 16 .

Fair share to the Fair Sex

The Latey Report on the age of majority was published in 1967. The Report dealt only briefly with the question of domicile, stating that the Committee had “received little evidence on it” 17 . The Committee considered that, in the light of previous reports on the general subject of domicile, it was “not justified” 18 in making any recommendations concerning the law of domicile affecting persons under 21 other than that the age for capacity to acquire an independent domicile should be reduced to 18 years; and the Report so recommended 19 .

The Cripps Report (the Report of the Committee of Inquiry set up by Mr Edward Heath M.P. to examine the law relating to women) was published by the Conservative Political Centre in 1969. It was entitled . On the question of domicile, the authors of the Report considered that the domicile of dependency

away from partnered people, “which has its origin about common-law subjection of your own wife with the partner, is actually a very clear illustration of discrimination and you will produces particular absurdities” 20 . While the Committee believed that “it could establish overcomplication or other undesired show (such as for example about taxation) if the a couple way of life with her got separate houses” 21 , they stated that they might “look for no excuse for a spouse having to continue to keep this lady partner’s domicile just like the couple are now way of living separate and aside (a posture about what lives where Courts have a tendency to choose with no insuperable challenge) even in the event there is any Courtroom Purchase, split up otherwise official breakup” twenty two . Consequently, the brand new Committee better if:

“a wedded woman, immediately after the woman is lifestyle independent and you will except that the woman husband (otherwise ex boyfriend-husband), might be managed likewise once the one girl and are permitted her own domicile quite individually regarding their” 23 .

The English Law Commission and the Scottish Law Commission, which examined the question of married women’s domicile in the limited context of jurisdiction for certain matrimonial proceedings, recommended 24 in 1972 that for the

Law Com. No.48, Writeup on legislation for the Matrimonial Grounds (1972); Scot. No.25, Post on legislation within the Consistorial Factors Impacting Matrimonial Status. See also the (1951–55) (Cmd. 9678) which in para.825 and Appendix IV (para. 6) recommended that for the purposes of divorce jurisdiction a married woman should be able to claim a separate domicile. (Cp. the concept of proleptic domicile, dealt with supra).

reason for legislation in the splitting up, nullity and you can official separation, the domicile of a married woman should be determined independently of that of her husband. The following year, the Domicile and you will Matrimonial Procedures Operate 1973 finally resolved the question, but went further by allowing a e way as any independent person may. The Act was the result of a Private Member’s Bill introduced in 1972 by Mr Ian MacArthur, M.P. Section 1(1) of the Act provides that the domicile of a married woman:

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