New Supreme Court Ruling - Owens v Owens

Mr and Mrs Owens married in 1978 and separated in 2015. Mrs Owens wanted a divorce. Upon separating, Mrs Owens petitioned for divorce on the basis that the marriage had irretrievably broken down as a result of Mr Owen’s ‘unreasonable behaviour’.

Mrs Owens claimed that she could no longer be expected to live with Mr Owens within the meaning of section 1(2)(b) Matrimonial Causes Act 1973 and made 27 allegations of behaviour including that he was ‘insensitive in his manner and tone’ and that she was ‘constantly mistrusted’.

In a Family Court ruling last year the Court refused to grant a divorce on the basis of the allegations made by Mrs Owens. The Judge (Judge Robin Toulson QC) was of the view that the allegations were ‘minor altercations of the kind to be expected in marriage’.

Following the ruling, Mrs Owens appealed to the Supreme Court who this morning have handed down their judgment. The Supreme Court has unanimously dismissed Mrs Owen’s appeal. Lord Wilson gave the majority judgment and Lord Hodge and Lady Black agreed. Lady Hale and Lord Mance each gave a concurring judgment.

For Mrs Owens this decision means that she must remain married to her husband until 2020 when she can petition for divorce on the grounds of five years separation. Until there are divorce proceedings the Court will not be able to make the full range of financial orders. There are many people who would not be able to manage financially in this position.

Here at Emery Johnson Astills we have specialist solicitors who advise people throughout divorce proceedings as it is often the case that parties cannot agree on allegations of behaviour. Is it time for the Government to introduce no-fault divorce? This would mean that when one party petitions for divorce they do not have to prove any fault on behalf of their husband/wife. The Government has dragged their heels on this issue for a long time, it must be that the case of Owens v Owens sparks a fundamental need to change our divorce law? The current law dates back to 1973 and does not reflect the changes in society.

Emery Johnson Astills are experts in family law and if you need advice in relation to divorce please do not hesitate to contact our specialist solicitors who are here to support you and advise you through this emotional time.

To speak to a family solicitor at Emery Johnson Astills, please call us on 0116 255 4855.