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Owens v Owens [2017] EWCA Civ 182

Sep 29, 2018, 19:48 PM
family law, reform, no fault divorce, owens, refusal, decree nisi
Appeal by wife against refusal of judge to grant decree nisi of divorce, even though he had found as a fact that the marriage has broken down. Appeal dismissed.
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Date : Mar 24, 2017, 05:26 AM
Article ID : 113986

(Court of Appeal, Sir James Munby, the President of the Family Division, Hallett, Macur LJJ, 24 March 2017)

Marriage and divorce – Petition – Refusal

The wife’s appeal from a refusal to grant a decree nisi of divorce was dismissed.

The husband and wife married in 1978 and had two children together. They separated in 2015 and the wife petitioned for divorce on the grounds that the marriage had irretrievably broken down and that the husband had behaved in such a way that she could not reasonably be expected to live with him: s 1(2)(b) of the Matrimonial Causes Act 1973. The husband contested the application.

At first instance the judge held that the wife’s allegations of unreasonably behaviour were at best flimsy and the application was refused.

The wife appealed.

The appeal was dismissed. In this instance the judge applied the law correctly as it stood although there was a strong argument that the law no longer reflected modern day realities and that no fault divorce was called for. The wife was not left totally without remedy since she could wait until February 2020 and apply under 1(2)(e) of the Act.

Case No: B6/2016/0878

Neutral Citation Number: [2017] EWCA Civ 182

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CENTRAL FAMILY COURT
His Honour Judge TOLSON QC

Royal Courts of Justice
Strand, London, WC2A 2LL


Date: 24 March 2017

Before:

SIR JAMES MUNBY PRESIDENT OF THE FAMILY DIVISION
LADY JUSTICE HALLETT
and
LADY JUSTICE MACUR


- - - - - - - - - - - - - - - - - - - - -


Between:

TINI OWENS
Appellant

- and -

HUGH JOHN OWENS
Respondent


- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

Mr Philip Marshall QC (instructed by Payne Hicks Beach) for the appellant 
Mr Nigel Dyer QC and Mr Hamish Dunlop (instructed by Hughes Paddison) for the respondent      


Hearing date: 14 February 2017 

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Judgment

Owens v Owens [2017] EWCA Civ 182.rtf
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  • Judgments
  • Marriage and Divorce
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