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Owens v Owens - Supreme Court dismisses Appeal

  • .Sylvia
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1 year 10 months ago #502966 by .Sylvia
The Supreme Court have just delivered their judgment in the case of Owens v Owens. They upheld the Court of Appeal's and the original trial judge. The Supreme Court upheld – in a unanimous verdict 5-0 - the earlier courts decisions that the wife would not be granted a divorce despite an unhappy relationship. Both Courts had found that the husband’s behaviour had been tantamount to ‘minor altercations of a kind to be expected in a marriage’.

She must now wait until 2020 (another 18 month) before being able to petition on the grounds of 5 years [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url].

full judgment here - www.supremecourt.uk/cases/docs/uksc-2017-0077-judgment.pdf
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  • .Sylvia
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1 year 10 months ago #502983 by .Sylvia
I'm a bit surprised that no-one has anything to say on this high-profile case!
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  • hadenoughnow
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1 year 10 months ago #502989 by hadenoughnow
Replied by hadenoughnow on topic Re:Owens v Owens - Supreme Court dismisses Appeal
I think we are all a bit shell shocked - and thanking our lucky stars we are not in that poor woman's position!

I hope it doesn't start an avalanche of contested divorces - the courts are crowded enough as it is!

At least it has again brought the question of no fault divorce back into the spotlight. Reform in this area is long overdue. The judges were pretty clear that they weren't entirely happy but had no real choice in their judgement because of the way the law stands.

On the upside, at least she doesn't have to stay in the same house as him - they are rich enough to have more than one property :)!!

Hadenoughnow.
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  • Forseti
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1 year 10 months ago #503019 by Forseti
I think the case shows how important it is to start with a strong petition which will comply with the legislation (whatever we may think about it) and persuade the court that the marriage has broken down and that it is irretrievable. A weak petition is a handicap which cannot be overcome through appeal.

It also shows that it is advisable to agree the petition as far as possible with the respondent before going to court. If you can't convince the respondent that the marriage is irretrievable, how are you going to convince a court?
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  • CarltonS
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1 year 6 months ago #504839 by CarltonS
Forseti wrote:

I think the case shows how important it is to start with a strong petition which will comply with the legislation (whatever we may think about it) and persuade the court that the marriage has broken down and that it is irretrievable. A weak petition is a handicap which cannot be overcome through appeal.


There seems to be conflicting information about this. Elsewhere Sylvia says , \"Generally speaking, when the statement of case in a UB petition is weak, and lacks certain details/dates etc, the petition is sent back to be amended.... \"

If that's the case it doesn't seem like a weak petition is any handicap.
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  • Forseti
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1 year 6 months ago #504840 by Forseti
\"Generally speaking\" - the Owens case is exceptional.
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  • .Sylvia
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1 year 6 months ago #504847 by .Sylvia
Tini Owens did amend her UB petition, after it was initially rejected by the DJ.

IT's worth reading all the judgments in the Owens case. which as Forseti points out was an exceptional case.
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