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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I am a dual national British & Irish - born in England

Resolved Question:

Hi. I am a dual national British & Irish - born in England but raised in Ireland. I left Ireland 20 years ago and never worked there, bought property there nor paid national contributions there. I moved to England in 1995 for a post-grad degree and also lived there for a year in 2001-2002 when I was a UK-PAYE employee. I have worked outside of the UK since 2002, but consider it my home as I married a Brit, my children are British nationals and I contributed to mortgage and many other payments of our English home but also pay national contributions in England. I am currently working abroad ( outside of EU) but like me, my employer considers England my permanent home and will in the future ay pay my pension according to a weighting system which in my case is England. I consider myself domiciled in England and filed in England. On which grounds can my husband challenge my domicile?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Your domicile is not something which your husband can really challenge. Domicile is something which adheres to a person from their birth and from any settled determination they manifest to adhere to a certain domicile. Accordingly, as you were British born and have manifested a desire throughout your life to continue to adhere to that British domicile, you continue to be domiciled in the UK, EVEN if you live somewhere like Bosnia & Herzegovina.
Expert:  Buachaill replied 1 year ago.
2. Domicile is something that is individual to a person. Their spouse or any other person cannot change a person's domicile. The old rules whereby a wife took her domicile from her husband are now considered archaic and each person is free to decide what is their own domicile. YOur husband cannot chose your domicile for you. Nor can he make you chose a particular domicile.
Expert:  Buachaill replied 1 year ago.
3. For example, just because your husband's domicile might be that of Bosnia, this does not automatically make your domicile that of Bosnia. You retain your UK domicile until such times as you exhibit a determination to lose that British domicile and acquire a Bosnian domicile. Just because you are married to your husband, this does not mean that he can "give" you his Bosnian domicile.
Expert:  Buachaill replied 1 year ago.
4. Please RATE the Answer, Maire, as unless you RATE the Answer, your Expert receives no pay for the answer so there is no incentive to answer any further questions.
Buachaill and 5 other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok.
Expert:  Buachaill replied 1 year ago.
5. Thanks Maire for Rating the Answer.
Customer: replied 1 year ago.
Ok.