Chapter 14:06 - Domicile Reform Act

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L.R.O. 1/2012
LAWS OF GUYANA
DOMICILE REFORM ACT
CHAPTER 14:06
Act
8 of 1988
1 – 6 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.
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CHAPTER 14:06
DOMICILE REFORM ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Domicile before and after commencement of this Act.
4. Abolition of wife’s dependent domicile.
5. Domicile of children.
6. Acquisition of independent domicile.
7. Domicile to continue.
8. Acquisition of new domicile.
9. Domicile of origin not to revive.
10. Standard of proof.
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8 of 1988 An Act to reform the law relating to domicile.
[4th July, 1988]
Short title.
Interpretation.
1. This Act may be cited as the Domicile Reform Act.
2. For the purposes of this Act —
“child” means a person who has not attained the age of
eighteen years;
“father” includes an adoptive father and, in the case of a child
born out of wedlock, the natural father;
“mother” includes an adoptive mother;
“parent” means either the father or mother.
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Domicile
before and
after
commencement
of this Act.
Abolition of
wife’s
dependent
domicile.
Domicile of
children
3. (1) Save as otherwise provided in this Act—
(a) a domicile that a person has at
any time before the commencement of
this Act shall be determined as if this
Act had not been enacted; and
(b) a domicile that a person has at any
time after the commencement of this
Act shall be determined as if this Act
had always been in force.
(2) Where immediately before this section came
into operation a woman’s domicile was that of her husband
by dependence, she shall retain that domicile (as a domicile of
choice, if it is not also her domicile of origin) unless and until
it is changed by acquisition by her of another domicile either
on or after the coming into operation of this Act.
4. (1) Every married person is capable of having an
independent domicile: and the rule of law whereby
upon marriage a woman acquires her husband’s
domicile and is thereafter during the subsistence of the
marriage incapable of having any other domicile is abolished.
(2) This section applies to the parties to every
marriage, wherever, whenever and pursuant to whatever law
the marriage was solemnised, and whatever the domicile of
the parties at the time of the marriage.
5. (1) A child, whose parents are living together, has
the domicile for the time being of his father.
(2) Where a child, whose parents are not living
together, has his residence with his father, the child has the
domicile for the time being, of his father; and after he ceases
to have his residence with his father, he shall continue to have
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Acquisition of
independent
domicile
Domicile to
continue.
Acquisition of
new domicile.
that domicile (or, if his father is dead, the domicile of the
father at his death) until he has his residence with his mother.
(3) Save as otherwise provided in subsections (1)
and (2) a child has the domicile for the time being, of his
mother or, if she is dead, the domicile she had at her death.
(4) Until a foundling child has his residence with
one or both of his parents, both of his parents shall, for
the purposes of this section, be deemed to be alive, living
together and domiciled in the country in which the foundling
child was found.
(5) This section shall have effect in place of all
rules of law relating to the domicile of children.
6. Subject to any rule of law relating to the domicile of
insane persons, every person shall become capable of having
an independent domicile upon attaining the age of majority
or, being a minor, upon marriage.
7. The domicile a person has immediately before
becoming capable of having an independent domicile shall
continue until he acquires a new domicile in accordance with
section 8, whereupon the domicile first mentioned shall cease.
8. A person acquires a new domicile in a country at a
particular time if immediately before that time—
(a) he is not domiciled in that particular
country;
(b) he is capable of having an
independent domicile;
(c) he is in that country; and

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Domicile of
origin not to
revive.
Standard of
proof.
(d) he intends to live indefinitely in that
country.
9. A new domicile acquired in accordance with
section 8 shall continue until a further new domicile is
acquired in accordance with that section; and the rule of
law known as the revival of domicile of origin whereby a
person’s domicile of origin revives upon his abandoning a
domicile of choice is abolished.
10. The standard of proof which, immediately before
the commencement of this Act, was sufficient to show the
abandonment of a domicile of choice and the acquisition of
another domicile of choice shall be sufficient to show the
acquisition of a new domicile in accordance with section 8.
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