Separation and divorce can be very difficult and onerous times in both parties’ lives. Typically, the breakdown of a partnership or “separation” occurs when the relationship has been brought to an end by the action or conduct of one or both parties.
Although separation is not clearly defined under the legislation, the Family Law Court normally considers the effect the following three elements:
***Either or both parties forming an intent to end the relationship;
***Either or both parties communicating to the other that the relationship has come to an end; and
***The parties thereafter leading separate and independent lives from the other.