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Tini Owens loses Supreme Court divorce fight | Tini Owens loses Supreme Court divorce fight |
(35 minutes later) | |
A woman who says her marriage is unhappy has lost a Supreme Court appeal to be granted a divorce. | A woman who says her marriage is unhappy has lost a Supreme Court appeal to be granted a divorce. |
Tini Owens, 68, from Broadway, Worcestershire, wanted the court to grant her a divorce from her husband of 40 years, Hugh. | Tini Owens, 68, from Broadway, Worcestershire, wanted the court to grant her a divorce from her husband of 40 years, Hugh. |
The Supreme Court unanimously rejected the appeal, meaning she must remain married until 2020. | The Supreme Court unanimously rejected the appeal, meaning she must remain married until 2020. |
Lord Wilson said the case was dismissed "with reluctance" and that it was a question for Parliament. | |
The couple were married in 1978 and have two adult children. | The couple were married in 1978 and have two adult children. |
Mrs Owens said she had been contemplating a divorce since 2012, but did not leave the matrimonial home until February 2015. | Mrs Owens said she had been contemplating a divorce since 2012, but did not leave the matrimonial home until February 2015. |
She alleged the marriage had broken down irretrievably and that Mr Owens had behaved in such a way that she could not reasonably be expected to live with him. | She alleged the marriage had broken down irretrievably and that Mr Owens had behaved in such a way that she could not reasonably be expected to live with him. |
Mr Owens, 80, has refused to agree to a divorce and denied Mrs Owens' allegations about his behaviour. | Mr Owens, 80, has refused to agree to a divorce and denied Mrs Owens' allegations about his behaviour. |
'Very troubling' | 'Very troubling' |
He says if their marriage has irretrievably broken down it is because she had an affair, or because she is "bored". | He says if their marriage has irretrievably broken down it is because she had an affair, or because she is "bored". |
Supreme Court president Lady Hale said she found the case "very troubling" but it was not for judges to "change the law". | Supreme Court president Lady Hale said she found the case "very troubling" but it was not for judges to "change the law". |
The original judge who heard the case found the marriage had broken down, but that Mrs Owens' examples were "flimsy and exaggerated". | The original judge who heard the case found the marriage had broken down, but that Mrs Owens' examples were "flimsy and exaggerated". |
One appeal judge said she reached her conclusion with "no enthusiasm whatsoever" but that Parliament would have to decide whether to introduce "no fault" divorce on demand. | |
Another said Parliament had "decreed" that being in a "wretchedly unhappy marriage" was not a ground for divorce. | |
Mrs Owens' lawyers said she should not have to prove Mr Owens' behaviour has been "unreasonable", only that she should not "reasonably be expected" to remain with him. | Mrs Owens' lawyers said she should not have to prove Mr Owens' behaviour has been "unreasonable", only that she should not "reasonably be expected" to remain with him. |
Her lawyers said a "modest shift" of focus in interpretation of legislation was required. | Her lawyers said a "modest shift" of focus in interpretation of legislation was required. |
Nigel Dyer QC, who led Mr Owens' legal team, disagreed and raised concerns about the introduction of divorce on "demand". | Nigel Dyer QC, who led Mr Owens' legal team, disagreed and raised concerns about the introduction of divorce on "demand". |
Mrs Owens had already lost two rounds of the battle. | Mrs Owens had already lost two rounds of the battle. |
In 2016 she failed to persuade a family court judge to allow her to divorce and last year three appeal judges ruled against her after a Court of Appeal hearing. | In 2016 she failed to persuade a family court judge to allow her to divorce and last year three appeal judges ruled against her after a Court of Appeal hearing. |