What is the test for desertion by one spouse?
Saskatchewan, Canada
The following excerpt is from Totten v. Totten, 1959 CanLII 232 (SK CA):
The headnote in Thomas v. Thomas (1946) 115 LJP 75, 62 TLR 166, establishes the same principle: “Where a separation is caused by one spouse’s withdrawal from cohabitation without justification and that that spouse subsequently makes an offer to resume cohabitation, desertion by the other spouse may be begun by the latter’s refusal of the offer, notwithstanding that there has been no intervening resumption of cohabitation.”
The latest pronouncement relative to such a situation seems to be in Fishburn v. Fishburn [1955] P 29, [1955] 2 WLR 236, a defended petition for divorce, in which both parties alleged desertion. The third headnote is as follows: “That the initial desertion by the husband was therefore terminated by the wife.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a husband's contributions by both spouses be recognized as a joint contribution to a spouse's matrimonial property? (Saskatchewan, Canada)
What is the case law on cruelty in the context of desertion and desertion? (Saskatchewan, Canada)
Does a spouse have a valid claim to inherit a parcel of land that was transferred into the name of another spouse as an estate planning measure? (Saskatchewan, Canada)
In what circumstances will a husband be found guilty of desertion for failing to heed the two demands made to the wife by her husband before he commenced an action against her for desertion? (Saskatchewan, Canada)
What is the test for filing a petition for desertion within five months of the desertion? (Saskatchewan, Canada)
What is the test for obtaining a share of a contingent interest in the estate of a deceased spouse? (Saskatchewan, Canada)
What is the test for a spouse to prove that they are in a state of mental distress? (Saskatchewan, Canada)
What is the test for an equal division of matrimonial property between spouses? (Saskatchewan, Canada)
Does a municipality have the right to expropriate land where the landowner has a dispute with the adjoining landowner's spouse? (Saskatchewan, Canada)
What constitutes desertion on the basis of an irreconcilable marriage breakdown? (Saskatchewan, Canada)
