Holden v Holden
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1968 |
| Date | 01 January 1968 |
| Court | Queen's Bench Division (Northern Ireland) |
Change of - Onus of proof.
The burden of proving replacement of domicil of origin by domicil of choice is a heavy one. Husband and wife, each of whom had a domicil of origin in Northern Ireland, intermarried in Northern Ireland in August, 1965. The husband had resided in Northern Ireland for the first 26 years of his life, but eight months before the marriage he took up employment in the Republic of Ireland, and after the marriage the parties resided in a matrimonial home in the Republic until November, 1966 when the wife left the husband and returned to Northern Ireland. In January, 1967, the wife presented a petition for nullity on the ground of wilful refusal to consummate the marriage. The husband denied the jurisdiction of the Northern Ireland court to grant the relief claimed, alleging that at all material times he was...
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