STILL CAUGHT IN HER LOVELESS MARRIAGE

The high-profile divorce case involving Tini and Hugh Owen, as it has been hailed as highlighting the pitfalls in our current divorce system.

Mr and Mrs Owen’s divorce was in the news last year when the Court of Appeal refused to allow Mrs Owen a divorce from her husband on the grounds of his unreasonable behaviour. The couple have been back in the news again following a further appeal by Tini Owen to the Supreme Court. Her appeal has been unsuccessful, and the Supreme Court confirmed that Mrs Owen is not entitled to a divorce. It seems extraordinary in the year 2018, that Tini is stuck in a loveless marriage.

The current law requires that a divorce will only be granted if that marriage has “irretrievable broken down”. The Law states that the breakdown must be, as a result of one of the five "facts" or “reasons” having occurred. This means that unless the couple have been separated for 2 years with their spouse’s consent or five years if they don’t have their spouse’s consent, then it is necessary to rely on a “fault based” reason such as adultery or desertion or unreasonable behaviour. As many couples want to resolve their marital status quickly, they often end up using unreasonable behaviour as the reason for the divorce. Whilst seemingly confrontational, it is a fast route to achieve a divorce (if that divorce is undefended).

Tini Owen relied on the "fact" of her husband’s "unreasonable behaviour, but Mr Owen defended her divorce proceedings. He succeeded in preventing her from getting her divorce because the burden was on her to prove that Mr Owen had indeed behaved unreasonably. The judges at various level of the judiciary decided that they were not satisfied that Mrs Owen’s had proved that he had behaved unreasonably. They refused her divorce and she remains married to an individual who she does not wish to be married to. This is now one of the few successfully defended divorces in many years.

Whilst most divorces based on unreasonable behaviour continue to be granted, the fact of Tini’s plight has raised controversy about the current divorce system which, some would say, is antiquated and irrelevant to modern society. Many believe that a marriage should be ended quickly, painlessly and without blame. Family lawyers continue to campaign for a new simpler divorce process to be introduced, which would allow couples to split without having claim that the marriage breakdown was the "fault" of their spouse. To date, however, this does not seem to be on the cards and currently, there appear to be no plans for the government to change the Divorce Law.