The applicant must also satisfy the judicial requirement in that:
• Either party is domiciled in England and Wales on the date the application or permission took place or
• Either party has been habitually resident in England for at least one year ending on the date of the application or the date that the divorce took place
• Either party has at the date of the application an interest in a property in England and Wales that at some point was used as the matrimonial home.
An example of how the court applied the above was how the case of Agabaje v Agabaje heard in 2010 was dealt with, where an appeal to the higher courts was allowed.
In this case both Mr and Mrs Agabaje were born in Nigeria. They acquired UK citizenship in 1972. This was a long marriage of 38 years. All five of their children were born in the UK (and all but one child educated in the UK). In 1975 Mr A, bought a property in England in which the children stayed with their nanny. For the majority of their married life Mr A and Mrs A lived predominantly in Nigeria. When they separated in 1999, Mrs A came to live in the UK in their English property and remained living there.