Domicile is a legal concept used to determine a person’s permanent home for legal purposes, including matters like divorce, child custody, and inheritance.
In Scotland, proving someone is domiciled here can be important for establishing:
- Jurisdiction in family law cases
- Eligibility for financial claims (like cohabitation or aliment)
- Succession rights after death
What Is Domicile?
Domicile means a person’s true and permanent home, even if they live elsewhere temporarily. You can only have one domicile at any time.
There are three types of domicile:
- Domicile of Origin – usually where you were born
- Domicile of Choice – where you settle and intend to stay
- Domicile of Dependency – for children, based on their parents
How to Prove Domicile in Scotland
To prove someone is domiciled in Scotland, evidence may include:
Long-Term Residence
- The person has lived in Scotland for a significant period
- Their home and daily life are based in Scotland
Intention to Remain
- They intend to stay in Scotland permanently or indefinitely
- They’ve not expressed or taken steps to live elsewhere permanently
Ties to Scotland
- Family, work, and social life are based in Scotland
- They use Scottish institutions: e.g. NHS, banks, schools
Legal and Financial Evidence
- Scottish address on tax returns, bank statements, or utility bills
- Registration to vote in Scotland
- Scottish driving licence
No Domicile Elsewhere
- They’ve broken legal and emotional ties with their previous country of domicile
- They do not pay tax or own a main residence outside Scotland
Common Misunderstandings
- Living in Scotland isn’t always enough – The person must show intent to stay.
- You can live abroad but still be domiciled in Scotland if you intend to return.
- Temporary work abroad does not usually change domicile
Why Domicile Matters in Law
Proving Scottish domicile affects:
- Whether the Scottish courts can hear a case
- What legal rules apply to separation, divorce, or inheritance
- Whether someone can make a claim under Scots law (e.g. Section 29 cohabitation claims)
Need Advice?
At XK Family Law Solicitors Aberdeen, we specialise in cases where domicile is a key issue — especially in cohabitation claims and divorce disputes. We can help you gather the right evidence and present your case clearly to the court.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.