Wife appeals against refusal to grant her divorce
hqsolicitors
02 Jun 2017
Judge Robin Tolson QC described Mrs Owens’ allegations against her husband as ‘minor allegations of a kind to be expected in a marriage.’
The Court of Appeal has heard an appeal by Tini Owens against the refusal of HHJ Tolson QC to grant her a divorce from her husband, Hugh Owens, on the grounds that the marriage had irretrievably broken down by reason of the husband’s irretrievable behaviour. The couple have been married for 39 years. Mr Owens denies that the marriage has broken down.
Philip Marshall QC, representing Mrs Owens, said: “It is extraordinarily unusual in modern times for a court to dismiss a petition for divorce.” Mr Marshall said that Judge Tolson had failed to make proper findings of fact on 27 allegations made by his client as to Mr Owens’ treatment of her and argued that his ruling should be overturned.
Nigel Dyer QC who represented Mr Owens, said: “At the moment, as the law stands, unhappiness, discontent, disillusionment are not facts which a petitioner can rely upon as facts which prove irretrievable breakdown.”
Sir James Munby, President of the Family Division, hearing the appeal, said: “It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage – people may say it should be.”
This case clearly highlights the need for a reform in the legislation to include a no fault divorce ground.