Owens V Owens Appeal Dismissed.

Our Family department comments on the Owens v Owens case.

Although the judgment will have to be unpicked over the coming days and weeks, essentially the Judges have been satisfied that the law has been applied correctly. Allowing someone to remain married, when their spouse clearly wants the marriage to end, seems like something out of The Handmaid’s Tale.  However, the fact is that the Judges’ hands are tied by the law as made by Parliament.

If some good is to come from this case, it will be in pushing forward the no fault divorce debate. What is needed is a fundamental change in how couples prove their marriage has come to an end, to remove the need for there to be an “offending” party.

It’s no secret that divorces are best managed when the separating couple co-operate with each other. However, the current divorce process requires one person to list examples of the spouse’s unreasonable behaviour during the marriage. This is clearly not conducive to creating an environment in which the separating couple can calmly and sensibly figure out how to move on with their lives.

Insights.

Relationship breakdown in a pandemic #SolicitorChat with The Law Society
9th July, 2020

Throughout the coronavirus pandemic, many couples may have had time to consider the future of their relationship. Bethan Campbell discussed with The Law Society and other firms about Relationship breakdown…

The Importance of Witnesses
8th July, 2020

Another element for making a Will is released – looking for a signature and witness, although legislation says an attestation clause is not required.

Discrimination and the Law #SolicitorChat with The Law Society
2nd July, 2020

With the rise of the Black Lives Matter movement, there has been a focus on race discrimination in recruitment processes and workplaces. Andrew Knorpel discussed with The Law Society and…

No fault divorce gets Royal Assent
29th June, 2020

Bethan Campbell provides an update on the Divorce, Dissolution and Separation Bill that will become an Act of Parliament having received Royal Assent on 25th June 2020.