The Supreme Court has today (25 July 2018) issued its decision in the long-running divorce case of Tini and Hugh Owens.
The case has highlighted what many influential campaigners have described as draconian and out-dated divorce laws in England.
In Scotland we have been watching the saga unfold from the sidelines to a large extent, but family lawyers here certainly support the arguments for a change in the law in England and Wales.
The Supreme Court has “reluctantly” said that Mrs Owens isn’t entitled to a divorce and must remain unhappily married until 2020, when she will have lived apart from her husband for five years. This is because she hasn’t been able to satisfy the Court that her marriage has broken down irretrievably as a result of her husband’s behaviour.
In England and Wales, couples have to live apart for two years if they agreed to be divorced or five years if they don’t agree; or else one spouse has to show the marriage has broken down irretrievably, because of the other’s adultery, unreasonable behaviour or desertion.
By contrast, in Scotland, a couple can go through a “no fault” divorce after one year of separation, if both spouses agree (if they don’t, it’s two years). Over nine out of ten divorces are granted on the ground of separation rather than one of the “fault” grounds.
The long separation periods required by English law mean that the vast majority of divorces there are granted on the ground of unreasonable behaviour. Campaigners have long argued that with “fault” more likely to be attributed in an English divorce, the process can often be more acrimonious, contentious and damaging for children.
Resolution, the association of family lawyers in England and Wales has issued a statement saying:
“Whilst the Supreme Court has, reluctantly, applied the law correctly, the fact that they have done so confirms there is now a divorce crisis in England and Wales, and the government needs to take urgent action to address it.
“In this day and age, it is outrageous that Mrs Owens – or anybody – is forced to remain trapped in a marriage, despite every judge involved in the case acknowledging it has come to an end in all but name. Today’s judgment underlines just how vital it is that government now urgently reforms the divorce law.
“It should not be for any husband or wife to ‘prove’ blame as the law requires many to do – this is archaic, creates needless conflict, and has to change.”
We wholeheartedly agree with that and would respectfully suggest that parliament could look to Scottish family law for a blueprint as to how to do things better.
You can read the Owens judgment, and a summary, here: https://www.supremecourt.uk/ca...
