What is the test for determining whether parties to a conjugal relationship have separated?
Manitoba, Canada
The following excerpt is from McFadyen v. McFadyen, 2021 MBQB 82 (CanLII):
The sexual and personal behaviour of the parties is commonly examined, however, the absence of sexual relations is not conclusive but only a factor in determining whether parties to a conjugal relationship have separated (Newth v. Booth, 2011 BCSC 317, B.C.J. No. 435, at para. 17).
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