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:

1. Domicile of Origin – usually where you were born
2. Domicile of Choice – where you settle and intend to stay
3. 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, divorce, and succession disputes. We can help you gather the right evidence and present your case clearly to the court.

Ready to Discuss Your Case?

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