UK Supreme Court to hear rare contested divorce case

Five Supreme Court judges will decide whether to let Mrs Owens divorce her husband after lower courts decided she was not entitled to one. They will deliver their judgment later this year.

Mrs Owen she says she’s been unhappy for many years and she feels locked in a loveless marriage. However, Mr Owens does not feel the same way and has been successfully contesting the divorce.

The UK’s most senior judge, Baroness Hale – one of the Supreme Court judges overseeing the Owens case – has repeatedly called for the laws to be overhauled, describing them as “confusing” and “unjust”.

Under current divorce law a couple have to prove in court that their marriage has irretrievably broken down.

At least one of five specific reasons must be shown:

adultery
unreasonable behaviour
desertion after two years
two years’ separation (if both parties agree to the divorce)
five years’ separation (if one party does not agree to the divorce)

Mrs Owens cited 27 allegations about her husband’s “unreasonable behaviour” – including that he was “insensitive” in his “manner and tone”, she was “constantly mistrusted” and felt unloved. But a family law judge refused the divorce, saying her allegations were “of the kind to be expected in marriage”. The Court of Appeal agreed that “in law” the marriage had not broken down.

Her situation is seen as “highly unusual” because in most cases neither party contests the divorce and it is granted.

If you are looking for family advice then please call 0161 624 6811(option 5) to speak to our Family Department.

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Shalish Mehta

Shalish is an experienced dispute resolution solicitor who joined the firm in 2002 ago upon qualifying as a solicitor and provides a proactive approach whilst retaining the personal touch to help you achieve the best possible outcome for your case. He acts on behalf of both private individuals and commercial clients. He can assist and advise at any stage of a dispute including mediation through to court action and injunctions. Shalish is a keen sportsman, regularly playing cricket and five-a-side football and also watching live sport. He enjoys city breaks and takes great pleasure in sampling different cuisines from around the world. Shalish is fluent in Gujarati and will happily represent those for whom Guajarati is the first language, in English. He is also happy to offer his services as a translator to our clients as necessary. What clients say about Shalish: “We feel the service was perfect and found our solicitor, Shalish Mehta, very professional and helpful in all aspects”