K.L.S. v. D.R.S. 2012 NBCA 16
Family Law - Divorce - Grounds - Separation - What constitutes “living separate and apart”
The parties were married on March 31, 2004 and separated on February 10, 2010. The husband petitioned for divorce on the grounds that there had been a breakdown of the marriage by reasons of their having lived separate and apart for at least a year. Also at issue was corollary relief and the division of marital property.
The New Brunswick Court of Queen’s Bench, in a decision not reported in this series of reports, concluded that it lacked jurisdiction to grant the divorce, where the period of separation had been interrupted by the parties having had a sexual relationship from May 2010 to February 2011. The wife appealed.
The New Brunswick Court of Appeal, Quigg, J.A., dissenting, allowed the appeal and remitted the matter to the trial judge to deal with the remaining issues.
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