To help ascertain what the situation is exactly & keep this as simple as possible .. Answer these two questions
1) When you separated under one roof, was there a CLEAR understanding by BOTH of you that this was a separation? .... ie, you both decided to separate on that date?
2) What was the purpose of your spouses overseas travel?
Answers to point 1 and 2
1) We had our disagreement ( which had history ) and as there is no conversation between us after that. We started living in different rooms but there was nothing decided
2) As this is not working and we are not on talking terms so partner is going back to family home ( overseas)
Can it be one sided or both have to agree. As my partner neither wants to live together neither leave me.