Habitual Residence - Definition - Law Dictionary Home Dictionary Definition habitual-residence

Definition :

Habitual Residence, is an expression used in a variety of statutes for a variety of purposes and could have a different meaning according to the statutory content; furthermore, a person might be habitually resident in more than one place at a time, or might have no habitual residence at all. It is common ground that habitual residence and ordinary residence are interchangeable concepts. Domicile, on the other hand, is a concept of the common law (although the same word is some-times used in civilian systems to denote something more like habitual residence, Mark v. Mark, (2003) 3 WLR 111 UKHL; Ikimi v. Ikimi, (2002) Fam 72 [See (English) Domicile and Matrimonial Proceedings Act, 1973, s. 5(2)], Collins v. Secretary of State for Work and Pension, (2006) 1 WLR 2391 CA