No Fault Divorce - Owens V Owens

On the 17th May 2018, the Supreme Court heard its first ever case on Divorce rather than issues relating to finances or children. The Family Justice Organisation Resolution was the only third party given permission to intervene in the appeal to the Supreme Court in support of Mrs Owens.

Mr and Mrs Owens separated in February 2015 and Mrs Owens petitioned for Divorce on the basis of Mr Owens behaviour. Unusually, such petition was defended and it resulted in a trial whereby the District Judge felt that her husband’s behaviour was insufficient to justify a Decree of Divorce. Mrs Owens went to the Court of Appeal which upheld the judgement of the District Judge thereby leaving Mrs Owens with the option to appeal to the Supreme Court which she did.

We now await the outcome of that hearing but notwithstanding the outcome, the judgement in this case will provide further ammunition for the campaign to introduce a no fault divorce system. It will also affect the way that family lawyers advise their clients on behaviour petitions and the examples or facts used to support those petitions.

For more information concerning Divorces please contact Brooks & Partners Solicitors. 



The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.