Legal Definitions - natural domicile

Natural domicile refers to a person's domicile of origin, which is the legal home they acquire at birth. It is typically determined by the domicile of their father at the time of their birth if the parents are married, or by the domicile of their mother if the parents are unmarried or the father is deceased.

This type of domicile is unique because it is automatically assigned and is considered the most enduring form of domicile. Unlike a "domicile of choice" (which a person can intentionally acquire by moving to a new place with the intent to live there indefinitely), a natural domicile is very difficult to lose. It remains with a person throughout their life and will revert if they abandon a domicile of choice without establishing a new one.

• Example 1: Birth Abroad to Domiciled Parents

  Imagine a couple, both legally domiciled in Canada, travels to France for a vacation. While in France, their child, Sophie, is born. Despite Sophie being born on French soil, her natural domicile would be Canada, because that is where her parents (specifically, her father) were legally domiciled at the time of her birth. This illustrates that the place of birth does not necessarily determine natural domicile; rather, it's the domicile of the parents.

• Example 2: International Nomad Who Never Settles

  Consider Liam, who was born in Australia to parents legally domiciled there. As an adult, Liam travels extensively for work, living in various countries like Japan, Germany, and Brazil for several years at a time. However, he never truly intends to settle permanently in any of these places; he always considers his stays temporary. If a legal question arose about Liam's domicile, and he had not clearly established a new domicile of choice with the intent to reside there indefinitely, his natural domicile of Australia would likely be considered his legal home. This demonstrates how natural domicile can persist even when a person lives abroad for extended periods without forming a new permanent attachment.

• Example 3: Abandonment of a Domicile of Choice

  Sarah was born in New Zealand, making New Zealand her natural domicile. As an adult, she moved to the United States, established a successful business, bought a home, and declared her intention to live there permanently, thereby acquiring a domicile of choice in the U.S. Years later, after selling her business and home, she decides to travel the world indefinitely without any specific plan to settle in a new country. If a legal issue arose regarding her domicile during her travels, and she had clearly abandoned her U.S. domicile of choice without acquiring a new one, her natural domicile of New Zealand would revert and be considered her legal home. This highlights the "sticky" nature of natural domicile, acting as a fallback when a domicile of choice is lost.