Abandonment


#1

Is it true that if spouse leaves the marital home, with or without any children, and no SA has been signed, and remaining spouse has not committed any fault such as abuse, etc, that the leaving spouse has committed a marital fault? What are the consequences of commiting such a marital fault in terms of a future SA or other proceedings?

                                                                                                               thanks

#2

Abandonment is defined as one spouse bringing about and end to co-habitation without “just cause”. The consequences depend on the individual judge’s view of the particular circumstances of each case.