A call for no-fault divorce

Sally Pike Partner Coffin Mew

The family law community is eagerly awaiting the Court of Appeal decision in the divorce of Mr and Mrs Owens amidst renewed calls for no-fault divorce.

Mr and Mrs Owens had been married for 39 years when the wife petitioned for divorce based on her husband’s unreasonable behaviour. She cited her husband’s 'continued beratement' of her for an earlier affair amongst her particulars of behaviour. She argued that the cumulative effect of her husband’s behaviour toward her made it unreasonable for her to live with him. The couple had been living in separate homes for some time. Mr Owen argued that he did not agree the marriage had broken down and any differences were routine for any marriage. Judge Robin Tolson rejected the wife’s petition describing her allegations as 'exaggerated' and 'minor altercations of a kind to be expected in a marriage'. The Court of Appeal is now being asked to overturn that decision.

Since the introduction of the Matrimonial Causes Act 1973 it has been quite clear that any petition for unreasonable behaviour must establish:

1. The respondent has behaved in such a way...

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