Domicile Act 1981 (WA)

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Western Australia

Domicile Act 1981

Reprinted under the Reprints Act 1984 as at 8 May 2015

Western Australia

Domicile Act 1981 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Short title2 — Commencement3 — Terms used4 — Operation of Act5 — Abolition of rule of dependent domicile of married woman6 — Abolition of rule of revival of domicile of origin7 — Capacity to have independent domicile8 — Domicile of certain children9 — Intention for domicile of choice10 — Domicile in union11 — Evidence of acquisition of domicile of choiceNotesCompilation table 5Defined terms

Reprinted under the Reprints Act 1984 as at 8 May 2015

Western Australia

Domicile Act 1981

Domicile Act 1981

An Act to abolish the dependent domicile of married women and otherwise to reform the law relating to domicile.

1.Short title

This Act may be cited as the Domicile Act 1981 1.

2.Commencement

This Act shall come into operation on a day to be fixed by proclamation 1.

3.Terms used

In this Act, unless the contrary intention appears — 

Commonwealth of Australia means the territory comprising the States and the Australian Capital Territory, the Jervis Bay Territory and the Northern Territory of Australia;

country includes any state, province or other territory — 

  • (a)

    that is one of 2 or more territories that together form a country; and

  • (b)

    domicile in which can be material for any purpose of the laws of Western Australia;

subsection means subsection of the section in which the term is used;

union means any country that is a union or federation or other aggregation of 2 or more countries and includes the Commonwealth of Australia.

4.Operation of Act
  • (1)

    The domicile of a person at a time before the coming into operation of this section shall be determined as if this Act had not been enacted.

  • (2)

    The domicile of a person at a time after the coming into operation of this section shall be determined as if this Act had always been in force.

  • (3)

    Nothing in this Act affects the jurisdiction of any court in any proceedings commenced before the coming into operation of this section.

  • (4)

    This Act has effect to the exclusion of the application of the laws of any other country relating to any matter dealt with by this Act.

5.Abolition of rule of dependent domicile of married woman

The rule of law whereby a married woman has at all times the domicile of her husband is abolished.

6.Abolition of rule of revival of domicile of origin

The rule of law whereby the domicile of origin revives upon the abandonment of a domicile of choice without the acquisition of a new domicile of choice is abolished and the domicile a person has…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.