This was a two-day trial to determine the date of separation between the parties.
The respondent argued the parties separated in May 2015 when the applicant left the matrimonial home and her lawyer sent separation letters.
The applicant argued the parties reconciled when she returned in July 2015 and did not separate until April 3, 2022, when she communicated her unequivocal intention to leave.
The court found that the parties reconciled after the applicant's return in 2015 and continued to live as a married couple, albeit an unhappy and atypical one, until April 3, 2022.
The court rejected the respondent's interpretation of the marriage contract's "breakdown of relationship" clause as being determinative without regard to reconciliation.