Translate this site

enzh-CNzh-TW

Raeside Chisholm Solicitors

The directors of Raeside Chisholm are experienced solicitors who enjoy a deserved reputation in Glasgow and beyond for personal attention allied to a commitment to outstanding levels of quality legal services. For enquiries, please contact us on 0141 248 3456.
2 minutes reading time (346 words)

Supreme Court Hears Contested Divorce Case

On 17th May the UK’s Supreme Court heard the case of Owens v Owens, a contested divorce case that has been brought to the Supreme Court on appeal from the Court of Appeal of England and Wales. 

Tini and Hugh Owens were married in 1978 and separated in February 2015. She filed a petition for divorce in May 2015 on the grounds that the marriage had irretrievably broken down. She claimed that her husband’s behaviour had been such that she could not reasonably be expected to live with him within the meaning of s 1(2)(b) Matrimonial Causes Act 1973, and she gave particulars of incidents, which included occasions where the husband was alleged to have made disparaging or hurtful remarks to her in front of third parties.

However, Hugh Owens has defended the case, arguing that the examples given of his behaviour were not such as to satisfy the requirements of s 1(2)(b). The Court of Appeal judge agreed and dismissed the petition.

If Mrs Owens is not able to prove unreasonable behaviour she will have to wait until the couple have been separated for five years before she can obtain a divorce without her husband’s agreement. She therefore appealed the appeal court’s decision to the Supreme Court. In Scotland she would only have to be separated for two years before she could divorce without the agreement of her spouse. 

The case has attracted a lot of attention and had led to many campaigners, including family law body Resolution, renewing their calls for the introduction of no-fault divorce in England and Wales.

“Our current laws can often create unnecessary conflict in divorce, forcing many couples to blame each other when there is no real need – other than a legal requirement – to do so,” commented Nigel Shepherd, immediate past Chair of Resolution. “This conflict is detrimental to the couples themselves, and, crucially, any children they may have.”

Contact Us

For expert legal advice on separation and divorce then contact our specialist family lawyers today.

Contains public sector information licensed under the Open Government Licence v3.0.

Remortgages in Scotland Reach Seven Year High
Public Sector Suppliers Hit by Late Payments

Online Enquiry

  1. Name(*)
    Please let us know your name.
  2. Email(*)
    Please let us know your email address.
  3. Daytime Tel. No.
    Please enter your daytime telephone number.
  4. Subject(*)
    Please write a subject for your message.
  1. Message(*)
    Please let us know your message.
  2. Please tick below for antispam verification (*)
    Invalid Input

Latest News

14 June 2018
Estate Agency
Plans by landlords to sell their properties could lead to a sharp increase in the number of homes suitable for first-time buyers coming onto the market. ...
28 May 2018
Estate Agency
The number of remortgages taken out by homeowners in Scotland reached 8,700 in the first quarter of this year, which is a 6.1% increase over the same period last year, new figures from UK Finance have revealed. The £1.07bn of remortgaging in the firs...
18 May 2018
Family Law
On 17th May the UK’s Supreme Court heard the case of Owens v Owens, a contested divorce case that has been brought to the Supreme Court on appeal from the Court of Appeal of England and Wales. ...
08 May 2018
Commercial
Many small firms are being put at risk by the poor payments practices that exist within public sector supply chains. ...
18 April 2018
Family Law
The European Court of Human Rights has recently given its ruling in an interesting case concerning a man’s right to contest the paternity of a child. ...
15 April 2018
Commercial
New figures released by UK Finance have revealed a 5% increase in invoice finance and asset-based lending in 2017, taking the total to £23.4 billion at the end of the year. The number of clients using this form of business funding remained stable at ...

As featured in

Latest Tweets

Connect with us

     

Recent Client Comments