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‘The challenge for the divorce lawyer is therefore to draft an anodyne petition, carefully navigating the narrow waters between Scylla and Charybdis to minimise the risks that if the petition is too anodyne it may be rejected by the court whereas if it is not anodyne enough the respondent may refuse to cooperate.’ (para [93])
‘I cannot help thinking that, if the husband had not sought to defend, the petition would have gone through under the special procedure without any thought or challenge from the court.’
‘I have not found this a difficult case to determine. I find no behaviour such that the wife cannot reasonably be expected to live with the husband. The fact that she does not live with the husband has other causes. The petition will be dismissed.’
Owens v Owens [2017] EWCA Civ 182
Family Law
(Court of Appeal, Sir James Munby, the President of the Family Division, Hallett, Mac...
Renewed calls for no fault divorce as Supreme Court hears Owens v Owens
The Supreme Court has commenced its hearing of the appeal of Owens v Owens, where Tin...