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'The court has to evaluate what is proved to have happened (i) in the context of this marriage, (ii) looking at this wife and this husband (iii) in the light of all the circumstances and (iv) having regard to the cumulative effect of all the Respondent's conduct.' [author's emphasis]
'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.'
'[A]s I observed during the course of argument, Parliament has decreed that it is not a ground for divorce that you find yourself in a wretchedly unhappy marriage, although some people may say it should be.'
'It is not the job of the courts to legislate – only Parliament can do that. Our job is to interpret law that Parliament has given us. This is definitely not a vehicle for introducing the sort of reforms proposed by the Law Commission, by Resolution, or by [other proponents of reform].'
All fair in love and war? Owens v Owens  EWCA Civ 182
They say that all is fair in love and war, but it might not seem that way for Mrs Owe...
When breaking up is hard to do: the case for divorce law reform
Kerry Fretwell, PartnerPenningtons ManchesGeorge Bernard Shaw is reputed to have said...
Mediation Matters: Modernising divorce means trusting separating families to shape their own futures
The Chief Executive of National Family Mediation returns with a regular columnNot for...
Report calls for legal reform to remove the concept of defended divorce
The Nuffield Foundation has published research which explores why defended divorce oc...
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