Last month Mrs Owen, a woman in her 60’s, hit the headlines when she was denied a divorce as the court found she had not proved that her husband had behaved in such a way that she could not reasonably be expected to live with him. She was left with the prospect of waiting until she and her husband had lived separate and apart for 5 years unless her husband either committed adultery or consented to a divorce after 2 years. Although the law on this point is clear it has led to much debate amongst family law practitioners as to whether it should be changed and if so, how. Although Mrs Owen has now applied for leave to appeal to the Supreme Court, (watch this space!) in the meantime many potential petitioners are concerned as to whether they themselves will be allowed a divorce.
If you would like to discuss this with us, please feel free to phone Gemma Keats, our Family Law Solicitor.