SEPARATE AND APART

British Columbia

It is established that the meaning of living “separate and apart,” which is the ground upon which the divorce is sought, requires a physical separation coupled with recognition by at least one of the parties that the marriage was at an end. Joint intention is not required.

(Xu v. Zhang (2015), 2015 BCSC 2389, 2015 CarswellBC 3745 (B.C. S.C.) at para. 41 Masuhara J.)