So often when clients come to us looking for a speedy divorce we say that in any marriage it is possible to find examples of unreasonable behaviour on which to proceed with a divorce.
So when Tini Owen’s’ divorce hit the press over the last few weeks after the Court of Appeal refused her request to flee from her “loveless and desperately unhappy” marriage on the basis of her husband’s unreasonable behaviour, ripples of shock flooded the offices of many Family Solicitors, including ours.
It has always been the case that the test for unreasonable behaviour in a marriage is such that this particular petitioner cannot be expected to live with it. In Mrs Owen's’ case much has been made of the fact that the behaviour she complains of was deemed as no more than the normal ‘ups and downs’ of living together in a marriage.
So it seems Mrs Owens failed to convince the Court at both levels that she could not be expected to live with the behaviour of her husband.
If you need legal advice in regards to separation and divorce please do not hesitate to contact us. You can reach us at 01212332042 or fill out a contact form and we will get back to you as soon as possible.
In the week that Theresa May has signed the letter triggering Article 50 there is some irony that when the UK decided by referendum that it had had enough of the EU no fault has to be alleged; but when living in an unhappy miserable marriage individuals wanting a swift exit have to find fault with the other party.
The lesson of the Owens case for practitioners is that petitions need to be drafted carefully to ensure all arms of the fact relied on for divorce are capable of being proved.
For society perhaps the lesson is, that like Brexit, individuals should be able to exit an unhappy marriage focussing on future arrangements for their children and finances rather than the reasons why the partnership has come to an end.
Greens Solicitors, 8th Floor, Temple Point, 1 Temple Row, Birmingham, B2 5LG. Phone: 0121 233 2042 Monday-Friday: 9am-5pm