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Difference between revisions of "Separation and the Law"
From Clicklaw Wikibooks
→The Date of Separation
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''McDorman v. McDorman'', New Brunswick Supreme Court, 1972: | ''McDorman v. McDorman'', New Brunswick Supreme Court, 1972: | ||
<blockquote>"While the mere living separate and apart of the spouses may not be conclusive of the fact that there has been a permanent breakdown of the marriage, | <blockquote>"While the mere living separate and apart of the spouses may not be conclusive of the fact that there has been a permanent breakdown of the marriage, especially in cases where the separation may have been brought about … by enforced hospitalization … all of the circumstances accompanying such separation must be considered in determining whether or not it has in fact led to a permanent marriage breakdown."</blockquote> | ||
''Lachman v. Lachman'', Ontario Court of Appeal, 1970: | ''Lachman v. Lachman'', Ontario Court of Appeal, 1970: | ||
<blockquote>"A marital relationship is broken down when one only of the spouses is without the intent for it to subsist." | <blockquote>"A marital relationship is broken down when one only of the spouses is without the intent for it to subsist."</blockquote> | ||
It's important to know that the Canada Revenue Agency has its own definition of separation, and requires people to have lived separate and apart for 90 days before considering them to actually be separated; once the 90 day period is over, the date of separation is the date the couple began to live separate and apart. | |||
===Separation at Home=== | ===Separation at Home=== | ||
