Arrêt Lindenbaumer (2025) asserts a unitary conception of habitual residence for divorce and maintenance. What key condition is specified regarding a diplomat’s establishment?

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This item tests how habitual residence is determined when a unitary approach is adopted for both divorce and maintenance. Under this approach, there is a single place treated as a person’s habitual residence for all related questions, rather than separate places for different issues.

The key point is that the establishment of a diplomat is not settled by simple presence alone. The analysis uses two factors together: where the person is physically present (presence) and where their life is centered (center of interests). This ensures the court looks at the broader connection the person has with a state, not just a temporary posting.

However, diplomats are generally not considered to have established habitual residence in the host country solely due to their status. Establishment by a diplomat is excluded except in special circumstances, meaning there can be an exception if there are particular facts showing genuine settlement beyond the routine diplomatic assignment.

So the statement that best captures this rule is that habitual residence rests on presence and center of interests, with establishment by a diplomat excluded unless special circumstances arise.