Report of one’s Morton Regal Payment toward Marriage and you can Divorce proceedings
“the newest conflict from statutes is liable to throw up unanticipated troubles as well as if we had gone through all the laws coping that have such as sufferers because the wedding, validity and sequence with this particular reason for notice (and this you will find perhaps not attempted to perform) it might be hasty to say that there were hardly any other instances in which the current statutes wouldn’t work if the couple had separate home” 13 .
Basic Report 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 Statement of the Committee to the Many years
of Vast majority (the “Latey Report”) 15 and the Declaration of Committee out-of Enquiry to examine 
legislation Relating to Female (the “Cripps Statement”) 16 .
Great amount on Reasonable Intercourse
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 1969. It was entitled . On the question of domicile, the authors of the Report considered that the domicile of dependency
from married lady, “which includes its source in the common-law subjection of the wife with the husband, are a definite instance of discrimination and supplies some absurdities” 20 . Whilst the Panel considered that “it could produce overcomplication or other unwanted results (for example regarding income tax) if the a husband and wife lifestyle together with her got separate home” 21 , they stated that they may “pick no excuse getting a girlfriend needing to always maintain their partner’s domicile just like the couples are in reality way of living independent and you can apart (a posture about what lifetime of which Courts will determine without insuperable issue) no matter if discover any Court Acquisition, divorce or separation or official breakup” 22 . Correctly, this new Panel better if:
“a wedded woman, just after this woman is life independent and you may besides this lady spouse (or ex boyfriend-husband), is handled likewise as the just one woman and you will are permitted her very own domicile a little independently from 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, Breakdown of legislation for the Matrimonial Factors (1972); Scot. No.25, Report on legislation in the Consistorial Causes Affecting Matrimonial Reputation. 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).
purposes of jurisdiction for the divorce case, nullity and you may official break up, the domicile of a married woman should be determined independently of that of her husband. The following year, the Domicile and you will Matrimonial Process Act 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: