The parties disputed their date of separation.
The applicant claimed they separated in September 2006, while the respondent claimed they separated on December 15, 2012.
The court applied the framework from Kassabian v. Marcarian to assess whether there was a reasonable prospect of the resumption of cohabitation.
Despite the applicant's second marriage in Algeria and periods of living apart, the court found that the parties continued to function as a family unit, sharing meals, finances, and intimacy until the applicant permanently moved his belongings out of the matrimonial home.
The court determined the date of separation to be December 15, 2012.
