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Owens v Owens: when unreasonable behaviour is not unreasonable behaviour
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The much anticipated judgment in the case of
Owens v Owens [2018] UKSC 41 was handed down this week by Lord Wilson at the Supreme Court, with both Lady Hale and Lord Mance providing additional commentary in the written judgment.
This case epitomises all that is wrong with the current law as it stands; where a husband and wife are forced to remain married, when the wife wants a divorce. That was the outcome of the case when the Supreme Court dismissed Mrs Owens' appeal.
Much interest and publicity has surrounded this case and it has been used as the driving force for re-igniting the campaign for the introduction of a 'no fault' divorce. However, it was never within the power of the Supreme Court to change the law, all they can do is interpret and apply it. That said they have provided the clearest indication yet that there should be reform and Parliament should address this.
Read the full article here.
