The parties in this family law case disagreed on their date of separation.
The applicant wife argued the date was May 1, 2018, when she began moving out of the matrimonial home, while the respondent husband argued it was October 15, 2015, when he moved into a separate bedroom.
After a focused trial, the court applied the Oswell indicia for separation under the same roof and found that the parties' financial arrangements, social activities, and communications did not support a 2015 separation.
The court concluded that the parties separated on May 1, 2018, with no reasonable prospect of resuming cohabitation.
