Separation

Separation is one of the facts that show a marriage has broken down. It is set out in Section 54(1)(d) of Act 164.

You must show that you and your spouse have lived apart for a continuous period of at least two years just before you file.

The Act does not require your spouse to agree to the divorce on this ground.

Why it matters: if you have already lived apart for two years, you may be able to file without proving fault.