27 Apr 2018
YC v JL [2018] NZHC 837
- Citation
- [2018] NZHC 837
- Court
- High Court
On the balance of probabilities the parties did not physically separate nor manifest a mental attitude consistent with separation until 17 January 2014; contemporaneous text messages, ongoing domestic interactions and the parties' conduct demonstrated continued marital cohabitation and the appellant failed to discharge the onus of proving an earlier separation date, therefore the Family Court's finding of separation on 17 January 2014 was correct and the appeal was dismissed.