J.R. v. A.R.

The parties are as designed in the instance. They were married at Elgin on 7 September 2002.

There are two children of the marriage, namely SR and JR, both born on 8th November 2000.

The marriage became unhappy. From about late 2010 the Defender ' s behaviour changed. She became distant from the Pursuer and started spending less time with the family. She neglected the Pursuer. She would go on nights and weekends away with friends without giving the Pursuer any explanation. She provoked arguments with the Pursuer and with the children. She made critical remarks about the Pursuer and the children, both to him and to others.

The parties separated on 26th September 2011, which is the "relevant date" in terms of this action for the purposes of the Family Law (Scotland) Act 1985

On 26 September 2011, the Defender moved into the spare bedroom following an argument with the Pursuer. On or about 1 July 2012, the Defender moved out of the matrimonial home to live in rented accommodation. Between 26 September 2011 and the date of the Defender ' s departure, the parties lived under the same roof but not as man and wife. In particular they led separate lives in that period, and have not had marital relations since the relevant date.