433. Proof of constructive desertion; and presumptions.
433. Proof of constructive desertion; and presumptions.
Matrimonial and Civil Partnership Law (Volume 72 (2019), paras 1–460; Volume 73 (2019), paras 461–940) | Commentary
It is as necessary in cases of constructive desertion to prove both the fact of separation and the intention to desert on the part of the party charged with the desertion as it is in cases of actual desertion1. The practical difference between the two cases lies in the circumstances which will constitute such proof, for, while the intention to bring the consortium to an end exists2
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