Family lawyers have hailed the Supreme Court’s decision this week to allow Tini Owens to appeal her divorce petition, in what has the potential to be a ground-breaking case.
The Court of Appeal refused to grant Mrs Owens a divorce after she failed to prove unreasonable behaviour, in Owens v Owens [2017[ EWCA Civ 182. Hugh Owens refused to divorce his wife, leaving Mrs Owen no option but to wait for a further three years’ separation.
Welcoming the Supreme Court’s decision to allow the appeal, Nigel Shepherd, national chair of family lawyers’ group Resolution, said the case ‘has significant implications for the future of divorce law in England and Wales.
‘The simple fact is that this case should not have been necessary, and only by implementing a no-fault divorce system can we ensure such a situation doesn’t happen again. Support for no-fault divorce is growing, from family law professionals, the public and politicians.’
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