Strengthening the call for divorce law reform - Owens v Owens [2018] UKSC 41

Strengthening the call for divorce law reform - Owens v Owens [2018] UKSC 41

Background

Mr and Mrs Owens married in 1978 and had two adult children. In February 2015 they separated. In May 2015, Mrs Owens filed a petition for divorce on the ground that the marriage had broken down irretrievably and alleging that Mr Owens had behaved in such a way that she could not reasonably be expected to live with him. At first instance, the judge held that the allegations of alleged unreasonable behaviour were, at best, flimsy, and further that Mrs Owens had exaggerated the context and seriousness of the allegations to a significant extent. The judge dismissed the petition on the basis that Mrs Owens had failed to prove, within the meaning of section 1(2)(b) of the Matrimonial Cases Act 1973, that Mr Owens had behaved in such a way that she could not reasonably be expected to live with him.

Mrs Owens appealed to the Court of Appeal, inviting the court to consider what level of fault had to be established to

Subscription Form

Related Articles:
Latest Articles:

Already a subscriber? Login
RELX (UK) Limited, trading as LexisNexis, and our LexisNexis Legal & Professional group companies will contact you to confirm your email address. You can manage your communication preferences via our Preference Centre. You can learn more about how we handle your personal data and your rights by reviewing our  Privacy Policy.

Access this article and thousands of others like it free by subscribing to our blog.

Read full article

Already a subscriber? Login

About the author:

Geraldine is Head of LexisPSL Family. She was admitted as a solicitor in 1992 and was in practice for 15 years, most recently as a partner and head of the family team at Hart Brown, a large Surrey firm.

Geraldine writes for Butterworths Family Law Service and is a past editor of the Resolution Review. She has been published in the New Law Journal, the Law Society Gazette and the District Judges’ Bulletin as well as in the national press including the Times and the Telegraph.

When in practice she was a member of the Law Society Family and Children Panels, and an accredited Resolution Specialist with a focus on advanced financial provision and pensions. A past Resolution regional secretary and press officer, Geraldine also contributed chapters to the Resolution publications, International Aspects of Family Law (3rd Edition 2009) and The Modern Family (2012).