This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.bbc.co.uk/news/uk-england-hereford-worcester-44949856
The article has changed 11 times. There is an RSS feed of changes available.
Version 3 | Version 4 |
---|---|
Tini Owens loses Supreme Court divorce fight | Tini Owens loses Supreme Court divorce fight |
(35 minutes later) | |
A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. | A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. |
Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split. | Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split. |
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. |
Mrs Owens' solicitor said she was "devastated" by the decision and "cannot move forward with her life". | Mrs Owens' solicitor said she was "devastated" by the decision and "cannot move forward with her life". |
Lord Wilson said the case had been dismissed "with reluctance" and was a question for Parliament. | Lord Wilson said the case had been dismissed "with reluctance" and 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 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 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. |
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". |
Barrister Hamish Dunlop, who represented Mr Owens, said the Supreme Court justices had ruled correctly, saying Mrs Owens "was essentially advocating divorce by unilateral demand of the petitioner". | |
'Very troubling' | |
Simon Beccle, Mrs Owens' solicitor, said she had hoped the justices would make a decision which would be "forward-thinking and fit with the current social mores". | |
He added she "cannot obtain her independence from Mr Owens". | He added she "cannot obtain her independence from Mr Owens". |
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". |
The case has sparked a debate about whether divorce laws in England and Wales need to change. | |
Caroline Elliott, a specialist lawyer, said: "England and Wales currently lag far behind other countries with their divorce laws and there is a strong mood for reform, which includes the introduction of 'no-fault' divorces." | |
One Supreme Court 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. | One Supreme Court 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. | Another said Parliament had "decreed" that being in a "wretchedly unhappy marriage" was not a ground for divorce. |
Grounds for divorce in England and Wales: | Grounds for divorce in England and Wales: |
When you apply for a divorce you must prove your marriage has broken down and give one of the following five reasons: | When you apply for a divorce you must prove your marriage has broken down and give one of the following five reasons: |
Source: Gov.UK | Source: Gov.UK |
Mrs Owens' lawyers argued 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 argued 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. |