A couple’s divorce proceedings have reached the UK’s highest court after two lower courts denied a wife’s divorce petition.
Tini Owens married Hugh Owens in 1978 but petitioned for divorce in 2015 after leaving the marital home. However, the petition has been contested by Mr Owens, an 80-year-old former businessman, who denies allegations of unreasonable behaviour.
Her petition was refused by a family court judge in 2016 and by three appeal court judges in 2017. Both courts found that Mrs Owners had failed to demonstrate that the marriage had broken down irretrievably.
To do so, Mrs Owens would need to demonstrate one of the five following reasons:
- Adultery
- Unreasonable behaviour
- Desertion, two years or more ago
- Separation for two years with consent
- Separation for five years without consent
The case has led to renewed calls for no-fault divorce to be available to couples splitting in the UK.
Chris Sherwood, the Chief Executive of the counselling charity Relate, told BBC News: “Blame needs to be taken out of the system.
“It’s not about making divorce any easier, it’s about supporting people to get the outcome they want.
Surjit Verdi, an Associate Solicitor who specialises in Family Law said: “In recent years, it has become almost the norm for divorces to be uncontested, to the point where many couples wrongly presume they have an inalienable right to demand a divorce on request.
“Although this is a highly unusual case, it demonstrates that the law regarding divorce can be complex. Fortunately in most cases – even where a divorce is contested – a good family lawyer can help overcome objections to certain things being claimed in the divorce petition which may have become a sticking point for both parties.
“Whilst not admitting or accepting the allegations made by your spouse, it may nevertheless be possible to accept the marriage has broken down. As no admission is made, the divorce is then able to proceed uncontested, which is often less damaging – both emotionally and financially to both parties.”
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