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Unreasonable behaviour: Owens v Owens highlights that divorce law is no longer fit for purpose
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It will come as a surprise to many that the divorce law in England and Wales has not changed during the past 45 years or so despite the numerous social changes which have occurred since then.
Section 1(1) of the Matrimonial Causes Act 1973 (MCA 1973) provides that there is only one ground for a divorce in England and Wales: that the marriage has broken down irretrievably. In order to establish this it is necessary as per s 1(2) of MCA 1973 to prove one or more of the following facts:
- The respondent has committed adultery and the petitioner finds it intolerable to live with them;
- The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
- The respondent has deserted the petitioner for a continuous period of at least 2 years immediately preceding the presentation of the divorce petition;
- The parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the divorce petition and the Respondent consents to a decree being granted; and
- The parties to the marriage have lived apart for...
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