Woman in divorce court battle to separate from husband

Mrs Tini Owens has taken her husband to the Court of Appeal to ask three judges for a divorce because he makes her feel ‘unloved, isolated and alone’.

In 2016 Mrs Owens failed to persuade a family court judge to allow her to divorce her husband but Mr Hugh Owens is opposed to the divorce even though his wife had an affair in 2013 and said they still had a ‘few years’ to enjoy together in life; they have been married 38 years.

Mrs Owens could have to live next door until at least February 2020 because in England and Wales a couple must be separated for five years for a divorce to be allowed without the consent of both parties.

If Lord Justice Munby and the two other appeal judges overturn the decision it would be a landmark ‘no fault’ divorce case, where a spouse does not have to prove that his or her partner has done anything wrong.

Mr Owens, runs a successful fruit and vegetable growing company with a £7million annual turnover. He and Mrs Owen are the two main shareholders. They also have a property company and are said to own four homes between them.

Sir James said the job of appeal judges was to ‘apply the law’. He said they would examine legislation laid down by Parliament and said, ‘It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage – people may say it should be.’

They are expected to publish a ruling soon.

At Wrigley Claydon, we fight on your behalf to make the difficult divorce process a little easier. We are experienced family lawyers and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.

If you are looking for family advice then please call 0161 785 3521 to speak to Terri Pickup in our Family Department or email tp@wrigleyclaydon.com.

Do you think that a spouse should be allowed a divorce if there is no fault by the other party?

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Corinne Bailey-Brown

Corinne has been involved in Family Law for over 25 years. She has substantial experience and expertise in all areas of Family Law. Corinne understands that a family separation is one of the most difficult and emotional times in life and will always deal with clients effectively, efficiently and sympathetically. Her particular area of expertise relates to children and parents wishing to obtain Child arrangement Orders. She is also able to assist in Emergency Applications, Prohibited Steps Orders and Specific Issue Orders.