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Part 3: Jurisdiction

  • mrpike
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12 Jul 13 #400860 by mrpike
Topic started by mrpike
Very simply - both my ex-partner and I are born and bred in England, and live here in separate homes. Neither of us live in another country or spend time there other than holidays.

I believe I should tick 1, 2 and 3 as per attached image. Am I Right???

1) Article 3(1) of the Council Regulation (EC) No 2201/2003 of 27 November 2003

on the following grounds:
2) The Petitioner and Respondent are both habitually resident in England and Wales and/or
3) Other (please state any other connection(s) on which you wish to rely)
"Both the Petitioner and Respondent are born and bred in England, and live in England 100% of the time other than holidays abroad."

  • rubytuesday
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12 Jul 13 #400862 by rubytuesday
Reply from rubytuesday
Just tick 1 and 2, there is no need for you to tick 3 with the information you have posted.

  • mrpike
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12 Jul 13 #400863 by mrpike
Reply from mrpike
Many thanks - the wording of "habitually resides" and "Domiciled" is confusing.

  • rubytuesday
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12 Jul 13 #400864 by rubytuesday
Reply from rubytuesday
They mean two different things, but don''t worry about it.

I always find this part of the form confusing - it''s written in gibberish and is one we often get questions about :)

  • dukey
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12 Jul 13 #400865 by dukey
Reply from dukey
The forms are confusing, wait until you get to D80, long story short tick as ruby said, I doubt anyone will take the time to write a full explanation.

The crayon version

Domicile, where you were born

Habitual residence, where you live now

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