Fresh Calls for ‘No-Fault’ Divorces
Mrs Owens, who seeks a divorce based on her husband’s unreasonable behaviour, has been unsuccessful in her appeal to the Supreme Court for permission to divorce her husband.
The divorce proceedings started by Mrs Owens have long been in the headlines. We now know that the Judges of the Supreme Court hearing the case rejected Mrs Owen’s appeal against an earlier decision by the Court of Appeal not to grant her a divorce.
In England and Wales, one party must blame the other for the breakdown of the marriage unless they have separated for set periods of time – 2 years if both parties agree to the divorce, and 5 years if one party does not consent.
Mrs Owens must wait until 2020 in order to petition for divorce based on a 5 year period of separation.
The Supreme Court Judges, whose role was to interpret and work within the current divorce process, refused Mrs Owens’ appeal reluctantly, highlighting that a change to the current divorce process is a matter for Parliament.
In November last year we wrote about the calls made for “no fault” divorces (click/tap here) following the Court of Appeal refusing to grant Mrs Owens a divorce. The decision of the Supreme Court will no doubt give fresh voice to arguments that the current divorce process needs an overhaul.