The making of a declaration may affect some of the claimant’s rights with respect to pensions, but her only claim in this action is with respect to division of assets and there is insufficient evidence with respect to any possible prejudice to deny to the respondent the declaration to which he is otherwise entitled in law (see Wolfman-Stotland v. Stotland, 2011 BCCA 175) on the facts of this case. By that I mean that I am satisfied that the parties have been living separate and apart since May 2010 and that it was the independent intention of the respondent to do so and to not continue in his marriage to the claimant. He made this even more plain when he subsequently took action to sever their joint tenancy of the matrimonial home.
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