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31 March 2017
Issue: 7740 / Categories: Legal News
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Owens: an alternative judgment

Tini Owens—refused her divorce by the Court of Appeal—could have been rescued from the misery of her marriage had the judges considered Parliament’s intent and applied a “deductive” approach, a prominent family lawyer has argued.

Practitioners renewed calls for Parliament to introduce “no-fault divorce” last week, following the judgment in Owens v Owens [2017] EWCA Civ 182. Sir James Munby held that, although the marriage had broken down, the wife had failed to prove, within the meaning of s 1(2)(b) of the Matrimonial Causes Act 1973, that her husband “has behaved in such a way that [she] cannot reasonably be expected to live with [him]”.

Writing in NLJ this week, however, family law solicitor-advocate David Burrows says: “The Court of Appeal judges do not seem to have turned the question round and asked, deductively: if we find a marriage to be dead, does that not prove that at some level someone—B—must have behaved in a way that A ‘cannot reasonably be expected to live with’. When this law was passed, can it have been Parliament’s intention that a dead marriage should be preserved? I doubt it.”

Issue: 7740 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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