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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How do i write a statement to prove domicile in the uk? I

Customer Question

How do i write a statement to prove domicile in the uk? I have petitioned divorce against my husband who resides in Australia, I also resided in Australia from September 2004 until November 2014. We have been married since September 1994. He has objected to the divorce proceedings being heard in the uk, claiming the divorce should be processed in the Family Court of Western Australia, thus he will avoid admitting to unreasonable behaviour as the WA court has a 'No fault Rule' after one year separation. I had a closed private hearing with a judge on thursday 10th September, he has ordered me to submit a statement to court by Thursday 17th September proving my domicile in the UK. I cannot afford legal representation, I am currently unemployed. I need advice on how to write the statement setting out legal and factual points as to why I am domiciled in the uk, I realise it may be in my best interests to employ a solicitor to write this for me, but I have no idea of costs and if there is a solicitor who can write the statement for me before Thursday 17th September. Please help. Lisa XXXXXX
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you.What is your Nationality and how long have you been resident in the UK?
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am British born of British parents. My date of birth is 17/10/1967. I have a British passport, I also gained Australian citizenship in March 2007 and also have an Australian Passport. I resided in the UK until September 28th 2004, at which time I emigrated to Western Australia, I resided in Australian until November 21st 2014. In April 2007, I returned to the uk and resided in the uk until 1st January 2008, which I then returned to reside in Australia. On 21st November 2014 I returned to reside permanently in the uk.
Expert:  Clare replied 1 year ago.
Hi
What has changed that means that this time you intend to remain in the UK?
Clare
Customer: replied 1 year ago.
I have fled A unhappy marriage where I have suffered mental cruelty and verbal abuse from estranged husband for several years. This statement is required as part of my divorce proceedings.
Expert:  Clare replied 1 year ago.
I am aware why you need it - the issue is the evidence you will put forward that this is not just another temporary visit - what family do you have here?Clare
Customer: replied 1 year ago.
I have a new partner in the UK, we co-habit. Someone I have known Since the age of four, we have grown up together, so not a casual relationship with someone I have just met. My parents reside here, 2 streets away from me, my father has terminal cancer, I have a 44 year old brother with severe Down's syndrome, my parents are his sole carers. My parents are relying on me to be involved in the care of my father, as his condition worsens and also share the care of my handicapped brother. My other brother took his own life 9 years ago, his widow also lives close by with her 3 children, I offer them emotional support and advice. I can no longer live in the community I have resided in Australia as my husband has spread vicious lies making me a pariah of the community.
Expert:  Clare replied 1 year ago.
Thank you - all of that shows that you are committed to remaining here in the UK.When did you issue the petition?
Customer: replied 1 year ago.
8th July 2015.
Expert:  Clare replied 1 year ago.
HI
There is no reason why you should not draw up the document yourself
First read these two articles as they explain what the potential problem
http://www.marilynstoe.co.uk/2011/10/10/domicile-and-jurisdiction/
http://www.linnitts.co.uk/family-law/expat-divorce
You give it the same heading as shown on the Orders you have received from the court.
You need to set out the details of how and when you went to Australia and obtained citizenship and why you have returned
Then set out all the reasons why you have resumed your UK Domicile and no longer intend to return to your adopted country.
You shoudl also state that you had been resident in the UK for more than 6 months when the petition was issued.
If you wish I can review the statement after you have produced it
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks Clare. Please see attached my prepared statement for you review.
Expert:  Clare replied 1 year ago.
Hi
That is excellent
Add at the end
" On that basis I argue that I am once again Domiciled here in the Uk and as such am entitled to issue a Divorce Petition here"
I hope all goes well for you
Clare