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How far will the Supreme Court go as it tackles Owens v Owens?
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This article originally appeared in New Law Journal
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On 17 May the Supreme Court heard the case of Owens v Owens
. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.
The case is of huge significance to divorcing couples and to the professionals who advise them. Resolution the representative body for family justice professionals intervened (full disclosure: the author is Treasurer of Resolution).
The Supreme Court considered the correct interpretation of s 1(2)(b) MCA 1973 which sets out the basis for divorce commonly referred to as ‘unreasonable behaviour’. Specifically the court considered the extent to which the statute does or does not in fact require someone seeking a...
Read the full article here.