What is the test for a spouse who wishes to separate from their spouse?
British Columbia, Canada
The following excerpt is from McGrail v. McGrail, 2016 BCSC 104 (CanLII):
In Nearing v. Sauer, 2015 BCSC 58, Madam Justice Fleming stated (para. 54) that the case law also requires that the spouse who wishes to separate take action consistent with that intention. She referred to the following quote from Field v. McLaren, 2009 MBQB 118:
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