It’s easy to tie the knot but is it as easy to get out of a marriage? For Mrs Owens it hasn’t been easy at all. Mrs Owens has tried and had to appeal a courts decision to keep her in a marriage she no longer wants to be in. Why? Because the court says her husband’s behavior isn’t unreasonable enough! Mrs Owens is therefore locked in a desperately unhappy marriage.
This case highlights the need for the law to be changed to reflect modern day realities and the need to move towards a divorce where no fault has to be attributed to the other person.
Currently there is only one ground for divorce – irretrievable breakdown of the marriage, to show this one of five facts have to be satisfied. Where there has been no separation, desertion or adultery all that is left is for one party to blame the other – but for Mrs Owens her allegations of unreasonable behavior were not enough, with the judge saying what Mrs Owens had to tolerate were “minor altercations…to be expected in a marriage” and so did not satisfy the grounds for divorce.
The law in England and Wales insists that someone must be to blame rather than accepting that there doesn’t have to be someone at fault, as is often the case nowadays. This case highlights the need for the law to be changed to reflect modern day realities and the need to move towards a no fault divorce system.
It seems unfair that the approval of the court is needed for a divorce when it is not needed for the same couple to get married in the first place. There seems to be no justifiable reason for the current system upholding the blame game and making an already difficult process even more difficult and confrontational. It is clear the current divorce process needs to be reformed to reflect the realities of today’s society.
If you require advice or assistance in relation to any of these issues or other family law matters at Jordans Solicitors we have a dedicated family law team who can help. Please dial 01924 387 110 and ask to speak with a member of the family law team or visit our website and request a call back.