How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof?

New Brunswick, Canada


The following excerpt is from K.L.S. v. D.R.S., 2012 NBCA 16 (CanLII):

The trial judge indicated she was aware of jurisprudence from other superior courts and the criteria established in some of these cases. She stated: In Dupere v. Dupere 1974 CarswellNB 187, Limerick J.A. in a minority opinion adopted the eight criteria set out in Cooper v. Cooper necessary to establish that spouses are living separate and apart under the same roof. One of those is the absence of sexual relations. He added a further criteria which is not relevant to this [proceeding]. In my opinion the parties have failed to establish that they were living separate and apart for at least one year preceding the determination of their divorce proceeding. [p. 6]

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