Defended Divorce is it ‘Just?’

The interesting case of Mr and Mrs Owens has highlighted the plight of one woman who has been trying to divorce her husband for the past year.


The interesting case of Mr and Mrs Owens has highlighted the plight of one woman who has been trying to divorce her husband for the past year, but has failed due to the Judge’s ruling that the complaints she has made against her husband in her divorce petition ‘are to be expected in marriage’. With Counsel for the wife claiming that 21st Century divorces predominantly succeed, this case has demonstrated the difficulties parties face when ‘blame’ has to be made.


Many recognise the need to move away from the current archaic system of a ‘fault based divorce.’ Resolution, the country’s most recognised organisation of family lawyers has been putting forward recommendations for a ‘no fault divorce’ for a number of years. If the Court of Appeal decision does not overturn the original ruling, the wife in this case will be left in an unhappy marriage which has clearly broken down. With divorce causing acrimony, high legal costs and wasted time, it is clear that a ‘no fault divorce’ is the way forward.

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