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All fair in love and war? Owens v Owens [2017] EWCA Civ 182

Date:11 APR 2017
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They say that all is fair in love and war but it might not seem that way for Mrs Owens who following a recent Court of Appeal decision is deemed to remain in a loveless marriage having been unable to persuade the Court that her husband's behaviour was such that she cannot reasonably be expected to live with him.

The facts of this case have been highly publicised but in short involved defended divorce proceedings with the respondent husband denying that his behaviour had made it unreasonable for his wife to continue living with him and that their marriage had therefore irretrievably broken down. Despite His Honour Judge Tolson QC finding that the marriage had broken down he then went on to dismiss the wife's petition on the basis that she had failed to prove within the meaning of section 1(2)(b) of the Matrimonial Causes Act 1973 that her husband had indeed behaved in such a way 'that she cannot reasonably be expected to live with him'.

The parties separated in February 2015 after 37 years of marriage and two children. The allegations...

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