The wife, Mrs Tini Owens, in the widely publicised defended divorce application, has been granted permission to appeal to the Supreme Court against the decision of the Court of Appeal.
In March, the Court of Appeal refused her application for divorce from her husband of 40 years on the grounds of unreasonable behaviour. Mrs Owens described feeling trapped in a "loveless and desperately unhappy" marriage.
At the Court of Appeal Hearing, Lady Justice Hallett, said she had reached her conclusion “with no enthusiasm whatsoever”, adding: “It is for parliament to decide whether to amend [the law] and to introduce ‘no fault’ divorce on demand; it is not for the judges to usurp their function.”
Resolution have supported Mrs Owen's application and provided written submissions identifying certain arguments on matters of principle that it was suggested should be considered in such an appeal. Resolution are also to apply to be joined to the case as an intervenor in the appeal. Resolution has widely campaigned for the introduction of "no fault divorce" in England and Wales. Speaking regarding the appeal, Nigel Owens, Chair of Resolution, commented "In today’s modern society, it should not be the case that someone is being forced to stay in a marriage she does not want to be part of, and is now having to go to the highest court."
Helen Thewlis, Partner and Head of Family comments “It is very sad that the Court are stating that a party should stay in a marriage that they no longer wish to be part off. It is time for a change in our divorce legislation to look at no fault divorces, amongst other issues, to take the blame out of divorce proceedings and move with the needs of society.”
At Ramsdens we are accredited members of Resolution, family law specialists. If you feel you need our help and advice then please do not hesitate to contact one of our expert family lawyers at any of our 12 offices. You can call us free on 08000 147720 to book your free 30 minute consultation.
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