This new Panel appropriately constant fourteen the fresh new recommendation built in the

Statement of the Morton Royal Commission to the Marriage and Divorce or separation

“the latest disagreement away from statutes is likely to throw up unanticipated troubles plus if we had gone through all laws coping which have instance subjects given that wedding, legitimacy and you may series using this part of notice (and this you will find perhaps not attempted to create) it would be rash to declare that there are not one cases where the current legislation won’t really works when your couple got independent households” 13 .

Earliest 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 Declaration of your Committee for the Decades

from Vast majority (the “Latey Statement”) 15 and the Report of your own Panel regarding Enquiry to examine legislation Associated so you’re able to Lady (the “Cripps Declaration”) 16 .

Fair share towards the Reasonable 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 beautiful Bologna women 1969. It was entitled . On the question of domicile, the authors of the Report considered that the domicile of dependency

of hitched ladies, “which has their provider from the common law subjection of your wife to the husband, is actually a very clear exemplory case of discrimination and you will supplies particular absurdities” 20 . As the Committee considered that “it could create overcomplication and other unwanted results (like in terms of income tax) if the a husband and wife way of living together got separate house” 21 , it reported that they might “see zero justification to own a partner being required to keep the woman husband’s domicile because the few are now actually lifestyle separate and you will apart (a posture from what lifetime from which Process of law usually determine with no insuperable problem) regardless of if there is certainly one Courtroom Acquisition, divorce otherwise judicial breakup” 22 . Correctly, the new Committee better if:

“a wedded girl, after she is life independent and you can other than the lady partner (or ex-husband), will likely be managed just the same since just one lady and you will are going to be permitted her very own domicile a bit independently out-of his” 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, Article on legislation in the Matrimonial Explanations (1972); Scot. No.25, Article on jurisdiction for the Consistorial Reasons Affecting 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 jurisdiction for the splitting up, nullity and official breakup, the domicile of a married woman should be determined independently of that of her husband. The following year, the Domicile and you will Matrimonial Proceedings Work 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: