What is the test for obtaining a "matrimonial domicile" in a marriage?

Saskatchewan, Canada


The following excerpt is from Barton v. Barton, 1940 CanLII 198 (SK CA):

Without dealing with the first ground, I am of the opinion that the judgment can be supported on the second ground. Although it was once considered that “matrimonial domicile” could be more easily acquired than ordinary domicile, it is now established that such a term is synonymous with “domicile” in its ordinarily accepted meaning: he Mesurier v. Le Mesurier [1895] A.C. 517, 64 L.J.P.C. 97; Lord Advocate v. Jaffery [1921] 1 A.C. 146, at 152, 89 L.J.P.C. 209.

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