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  1. Divorce Act - R.S.C., 1985, c. 3 (2nd Supp.) (Section 8)
    Marginal note:Divorce
    • [...]

    • (2) Breakdown of a marriage is established only if

      • (a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

    • Marginal note:Calculation of period of separation

      (3) For the purposes of paragraph (2)(a),

      • (a) spouses shall be deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart from the other; and

      • (b) a period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated

        • (i) by reason only that either spouse has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the spouse’s own volition, if it appears to the court that the separation would probably have continued if the spouse had not become so incapable, or



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