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Supreme Court rules that unhappy marriage is not grounds for divorce

04 September 2018 Written by Breakthrough Family Law Category: Blog

 

A woman seeking a divorce from her husband after 40 years of marriage on the grounds that their relationship is ‘loveless' and has broken down has been told that she must remain married. Tini Owens was seeking to challenge decisions made by the Family Court and Court of Appeal which prevented her from relying on the joyless nature of their marriage as grounds for divorce.

As the law currently stands, in the absence of fault or if one of the spouses does not agree to a divorce, then the petitioner (that is the spouse who is seeking the divorce) must show that the couple have been separated for five years before they can apply to the Court for a decree which formally ends the marriage. Mrs Owens will now have to wait until 2020, when this period will have elapsed, before she can seek a divorce from her husband, Hugh.

This decision has led to calls for a review of the current law which makes it hard for couples to be granted a divorce without a period of separation, with one of the spouses being required to evidence unreasonable behaviour before a decree will be granted.

How can Breakthrough Family Law help?

Breakthrough Family Law's family solicitors can provide expert legal advice for clients who are going through divorce proceedings. Whatever your circumstances, our family lawyers will work tirelessly on your behalf to get the best result, offering clear, straightforward advice sympathetically and compassionately. Contact us today on  01494 776 696 or using our online form to arrange an appointment with one of our team.

 

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