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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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