When the separation occurred is usually the one of the first questions you are asked by your family lawyer. Separation date is the date by which the marriage irrevocably broke down. The answer to this question is critical as one of the pre-requisites to divorce is one year of separation. In addition, it also impacts the value of family assets as family assets is the difference of family assets value on the date of separation and date of marriage.
In some cases, determining date of separation is straightforward. But it has become more common that the parties choose to live under the same roof after the separation for economic reasons. In these cases, the date of separation may not be that clear-cut. The court has considered the following factors when determining the separation date:
- Whether the parties live in separate homes or sleep separately if they still live in the same home
- Whether the parties share house chores together
- Whether the parties share joint bank accounts, share expenses
It needs to be noted that if the parties are still trying to work out the marriage, the court tends to view that the marriage is still viable.
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