What is the relevant date for determining when the parties have been separated and apart for a year?
British Columbia, Canada
The following excerpt is from T.R. v. D.R., 2014 BCSC 1027 (CanLII):
In Marquardt v. Marquardt, [1998] B.C.J. No. 786, Mr. Justice Smith found that the relevant date for determining when the parties had been separate and apart for a year, was when he rendered his decision, not the date of the beginning or end of the trial. At para. 3, he states the following: The parties were living separately at the time this proceeding was commenced. The evidence is that they had separated by March 1997. Although the trial was completed before the end of February 1997, the proceeding has not yet determined and the required year has now expired. The necessary grounds are therefore established and the divorce is granted.
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