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TOPIC: Unhappy wife must stay married, court rules

Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031011

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Judges say Tini Owens will not be able to divorce until 2020, after five years of separation.

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Tini Owens has been refused a divorce by the family court and Court of 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.
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".
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.
Mrs Owens said she had been contemplating a divorce since 2012, but did not leave the matrimonial home until February 2015.

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Hugh Owens has refused to agree to a divorce 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.
He says if their marriage has irretrievably broken down it is because she had an affair, or because she is "bored".
Simon Beccle, Mrs Owens' solicitor, said she had hoped the Supreme Court 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".
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". 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.
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:
  • Adultery
  • Unreasonable behaviour
  • Desertion
  • You have lived apart for more than two years and both agree to the divorce
  • You have lived apart for at least five years, even if your husband or wife disagrees
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.
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".
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.

Original Source BBC World News - Click Here to see the full article

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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031048

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Poor woman - at least she is living apart from him.
And it is right, of course, judges don't write the law, only gov can do that. She'll have to wait until her 5 yr seperation is up and re-apply.
It's a horrible thing when relationships go sour, as many of us know, and solicitors and barristers make a fortune from it.
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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031056

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And people wonder why the institution of marriage is on the decline :s
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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031068

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This is a sad example of a marriage gone sour!! I feel l bad for her. Marriage is on the decline, too bad.
I favor the sanctity of marriage, nevertheless, eternal optimist, me!:)
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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031071

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While I sympathise with the woman, I don't think the case warranted being a major news item.
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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031074

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The woman is 68 now,in five years time she will be 73 before she can legally divorce him.The only good thing,they both live apart,live separate lives.

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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031086

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A crazy decision! If one wishes to have a divorce, for whatever reason, it should be granted a.s.a.p.
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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031087

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This is extremely sad really...I agree, at least she is living apart...however I don't know how that can impact further, I mean she "deserted" the marital home !

I had my divorce granted by default...ex-husban didn't want a divorce, he never wanted to sign any papers, he never showed up in court.....I still got it, in less than one year I was happily divorced.
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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031093

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Aviara wrote:
And people wonder why the institution of marriage is on the decline :s


People do wonder why marriage is on the decline but do you suppose making divorce easier will halt that decline or is it necessary to look in other directions (like making it harder to divorce, or harder to get married in the first place perhaps, "as it used to be" when asking your intended's father for permission to marry was a serious consideration here in the UK)?

There is a reason why the other party to a divorce has the right to oppose it being granted, (I'm not sure exactly what that reason is right now, but I know I've seen it or read it somewhere when I divorced thirty odd years ago). I do know that there is some logic behind requiring parties to have been apart for at least two years before granting a divorce on those grounds (the parties agreeing to it of course), and that is what used to be called "the injured party" does get at least some reasonable amount of time to get over their "loss" (or appreciate they are lucky to be out of said marriage!). There has been moves to reduce the time period to one year for this aspect of divorce, but as far as I know that has been resisted by our law makers so far.

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Unhappy wife must stay married, court rules 3 weeks 5 days ago #3031098

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There are these archaic laws surrounding marriage that people may object to, hence the decline in ‘marriage’ as such ....

Imo, if one party is living in ‘hell’ they shouldn’t have to prove that to anyone....a divorce should be granted quickly and painlessly, not a ridiculous ‘waiting period’ of x number of years .... jmo :)
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