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Three Court of Appeal Judges have ruled that Tini Owens had failed to prove that her 39 year marriage to retired businessman, Hugh Owens, had legally irretrievably broken down.

Mrs Owens (66) who lives in Worcestershire, had applied to overturn a ruling by the Family Court who said that her marriage to Mr Owens (78), had not irretrievably broken down due to unreasonable behaviour.

Mrs Owens brought the action against her husband as she felt “unloved, isolated and alone, and locked into a loveless and desperately unhappy marriage” but Mr Owens disagreed and denied the allegations made against him, saying they still had a “few years” left to enjoy.

However, both the Family Court and the Appeal Court did not find Mrs Owens reasons good enough to grant the divorce petition.

Philip Marshall QC who represented Mrs Owens said it was “extraordinarily unusual in modern times” for a Judge to dismiss a divorce petition. The vast majority of divorces this century have been undefended.

Iwona Durlak, Head of Family at IMD Solicitors commented “This highly unusual ruling by the Court could mean that in the future separating couples will make much more aggressive allegations to justify a marital breakdown, whether or not based on reality.” Iwona added “such a step will have a hugely negative impact on all parties, to include the Courts”.

The ruling has now prompted calls from Divorce Lawyers across the UK for Parliament to review outdated laws and consider the introduction of “no-fault” divorces as no one should be forced to remain within a marriage where they are unhappy.

Currently the Matrimonial Causes Act 1973 insists that couples wishing to divorce can do so providing that the reason meets one of five criteria to include adultery, unreasonable behaviour, desertion for two years or more or the couple has been separated and living apart continuously for five years.

A change to this 1973 Act to include no fault divorces has been opposed in the past due to the fear that divorcing will become much easier and therefore more prevalent. However, there is no evidence to suggest this will happen as is demonstrated in the US who have now had a faultless divorce system in place for a number of years and in that time, divorce rates have actually decreased.

Many believe that the main reason for the reduction is due to the system allowing couples to separate amicably without the need to “mud sling” which allows them more time to think about their relationships whilst trying to resolve differences in a non-confrontational way. Something that can only be good thing for all concerned: The couple, their children and the Courts.

If you are having marital problems and are unsure of your options, then IMD Solicitors are here to help. Our team of compassionate and understanding Family law specialists can guide you every step of the way. Call us today on 0333 358 3062 or email us at: info@imd.co.uk.

This is for general information purposes only and does not constitute legal or professional advice. Please note that the law may have changed since the date this post was published.