Separation means more than physical separation. Three elements are required:
- Intention on the party of either or both parties to end the relationship;
- Where only one party considers the relationship to be at an end, they must: communicate this to the other party;
- The parties must then act as though the relationship has come to an end.
The law also recognises that parties can live separately under the same roof. There may however be difficulties in establishing that separation has occurred in these circumstances.