The Supreme Court has today ruled that Tini Owens cannot divorce her husband, Hugh Owens of 40 years until 2020, when they will have been separated for 5 years.  This is because of the manner in which the Matrimonial Causes Act 1973 (which provides the basis of a divorce) is drafted and because Hugh Owens refuses to agree to a divorce.   The couple have been separated since 2015.

Judgement

This case and others have prompted a campaign for a change in the law to allow couples to divorce without a finding of fault on either party to the marriage.  Until the law is changed, it remains necessary for a party who wants to divorce their spouse to prove that the marriage has broken down irretrievably relying on one of the 5 facts out in the Matrimonial Causes Act 1973.

For expert help and guidance on any aspect of relationship breakdown, contact the Family team at North Ainley Solicitors.