Divorce Act Basics: Difference between revisions
Jump to navigation
Jump to search
→Separation
| Line 82: | Line 82: | ||
To get a divorce based on separation, the spouses must have lived separate and apart for one year. | To get a divorce based on separation, the spouses must have lived separate and apart for one year. | ||
The period of living separate and apart can pass while living under the same roof, however the partnership quality of the relationship between the spouses must have ended. In general, this means that the spouses have stopped sleeping together, eating meals together, doing chores for each other and going out together as a couple. | The period of living separate and apart can pass while living under the same roof, however the partnership quality of the relationship between the spouses — the "marriage-like" quality of the relationship — must have ended. In general, this means that the spouses have stopped sleeping together, eating meals together, doing chores for each other and going out together as a couple. | ||
Under s. 8(3), the spouses can attempt to reconcile and resume married life for up to 90 days during the one-year period. However, if the couple lives together for a total period of more than 90 days, the clock resets and a new one-year period doesn't start running until the last separation. | Under s. 8(3), the spouses can attempt to reconcile and resume married life for up to 90 days during the one-year period. However, if the couple lives together for a total period of more than 90 days, the clock resets and a new one-year period doesn't start running until the last separation. | ||