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 9 | Version 10 |
|---|---|
| Tini Owens loses Supreme Court divorce fight | Tini Owens loses Supreme Court divorce fight |
| (about 17 hours 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". |
| Under the current law in England and Wales, unless people can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse's consent is to live apart for five years. | Under the current law in England and Wales, unless people can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse's consent is to live apart for five years. |
| Following the ruling, the Ministry of Justice said: "The current system of divorce creates unnecessary antagonism in an already difficult situation. | Following the ruling, the Ministry of Justice said: "The current system of divorce creates unnecessary antagonism in an already difficult situation. |
| "We are already looking closely at possible reforms to the system." | "We are already looking closely at possible reforms to the system." |
| 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 said if their marriage had irretrievably broken down it was because she'd had an affair, or because she was "bored". | He said if their marriage had irretrievably broken down it was because she'd had an affair, or because she was "bored". |
| Supreme Court justices analysed rival legal arguments, which revolved around concepts of "unreasonable" behaviour and "fault", at a hearing in May and delivered a ruling on Wednesday. | Supreme Court justices analysed rival legal arguments, which revolved around concepts of "unreasonable" behaviour and "fault", at a hearing in May and delivered a ruling on Wednesday. |
| One, Lord Wilson, said justices had ruled against Mrs Owens "with reluctance" and it was a case for Parliament. | One, Lord Wilson, said justices had ruled against Mrs Owens "with reluctance" and it was a case for Parliament. |
| A statement made by Mr Owens' solicitors said he should not be "unfairly criticised for attempting to save his marriage". | A statement made by Mr Owens' solicitors said he should not be "unfairly criticised for attempting to save his marriage". |
| "Hugh Owens takes no pleasure from this process which has impacted on the private family life of him and his wife," the statement said. | "Hugh Owens takes no pleasure from this process which has impacted on the private family life of him and his wife," the statement said. |
| 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". | 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". |
| 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. | The case has sparked a debate about whether divorce laws in England and Wales need to change. |
| Caroline Elliott, a partner at law firm Shakespeare Martineau, 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." | |
| Analysis by BBC legal correspondent Clive Coleman | Analysis by BBC legal correspondent Clive Coleman |
| Rarely in the field of Supreme Court judgements has a ruling been given with such misgivings by so many. | Rarely in the field of Supreme Court judgements has a ruling been given with such misgivings by so many. |
| Lady Hale, the court's president, called it "a very troubling case". Lord Wilson and Lord Mance shared "uneasy feelings". | Lady Hale, the court's president, called it "a very troubling case". Lord Wilson and Lord Mance shared "uneasy feelings". |
| Why? Because there is deep disquiet about a law that forces spouses to assign blame in order to get their divorce. | Why? Because there is deep disquiet about a law that forces spouses to assign blame in order to get their divorce. |
| Many believe blame only exacerbates the problems and conflicts inherent in what is already a difficult and stressful process. | Many believe blame only exacerbates the problems and conflicts inherent in what is already a difficult and stressful process. |
| There have been calls for a move to a "no-fault" system for decades, like those that exist in the US, Australia and Scotland. | There have been calls for a move to a "no-fault" system for decades, like those that exist in the US, Australia and Scotland. |
| A private members' bill has been introduced into Parliament by former family judge Baroness Butler-Sloss, seeking a review of the current law. | A private members' bill has been introduced into Parliament by former family judge Baroness Butler-Sloss, seeking a review of the current law. |
| However, there is little immediate chance of change in England and Wales. | However, there is little immediate chance of change in England and Wales. |
| Mrs Owens' lawyers had suggested a "modest shift" of focus in interpretation of legislation was required. | Mrs Owens' lawyers had suggested a "modest shift" of focus in interpretation of legislation was required. |
| They argued she should not have had to prove Mr Owens' behaviour has been "unreasonable", only that she should not "reasonably be expected" to remain with him. | They argued she should not have had to prove Mr Owens' behaviour has been "unreasonable", only that she should not "reasonably be expected" to remain with him. |
| 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". |
| 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 |