As previously written about on the 5th July, the recent case of Owens V Owens has brought into the spotlight the arguments for and against 'no-fault' divorce. (See the previous blog here) Tini Owens who says she feels “trapped” in her 40-year marriage must stay in her marriage as the court will not allow her to get a divorce on the grounds of unreasonable behaviour. The case of Bannister v Bannister (1980) highlights the test in s.1(2)(b) of the Matrimonial Causes Act 1973 and ruled that the test for unreasonable behaviour was not behaviour that was unreasonable in itself but whether it was such that the wife could not reasonably be expected to continue living with her husband.
This test was used in finding that Mr. Owen’s behavior was not unreasonable. Ms. Owens had several allegations that her husband’s behaviour including his prioritising of work over family life, his mood swings which caused several arguments and how Mr. Owen’s had not provided her with love and affection and she felt unsupported.
There are 5 reasons to file for a divorce according to the law: adultery, unreasonable behaviour, desertion, two years separation with consent, 5 years separation without consent- all of these have to also show the marriage has irretrievably broken down.
The Supreme Courts refusal to grant Ms. Owens a divorce hinged on the element that they are unable to “change the law.” Her lawyer has said they hoped the judges would be “forward-thinking” and able to make a decision to “fit with the current social mores”
Ms. Owens applied to overturn a ruling made by the family court that her marriage had not irretrievably broken down despite her having an affair.
Hugh Owens will not agree to the divorce and has denied his wife’s allegations about his behaviour. Mr. Owens has refused the divorce stating that they still have a “few years” left to enjoy. He has made claims that if their marriage has broken down it is because she is bored or has had an affair.
Politicians and legal experts have said this to be a remarkable ruling, saying it does not fit with the 21st century. Thus, showing the need for a “no-fault” divorce which would allow couples to justify to the court why their marriage has broken down.
If you have any questions regarding any family issues you might have, then please do contact us and book a confidential and friendly consultation with one of our experienced family law solicitors today. 0208 5777 130
Disclaimer:
This blog is intended to give general information and does not constitute legal advice. Should you require legal advice please contact us.