What is the test for ending a marriage by one spouse?
Ontario, Canada
The following excerpt is from Andrade v. Andrade, 2012 ONSC 2777 (CanLII):
As Mesbur J. pointed out in Bowen v. Bowen, [2001] O.J. 480 (Sup. Ct.) at para. 28: “it is necessary for only one of the spouses to withdraw from the marital relationship in order to end it.”
The inquiry is on an objective basis. For example, in Czepa v. Czepa (1988), 16 R.F.L. (3d) 191 (H.C.J.), Killeen, L.J.S.C., stated at para 15: The quest for a valuation date is tied to that date when the marriage is irretrievably broken down and the resumption of cohabitation is not reasonably in the cards. This quest requires the trial judge to look at all the circumstances objectively.
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