The case of Tini Owens has been in the press recently after both the family court and the court of appeal ruled that the 68-year-old could not divorce her husband and must remain his wife. Owens had argued that after 40 years of marriage, herself and husband Hugh Owens had grown apart and that she was unhappy in the marriage. She petitioned for divorce back in 2015, but Hugh Owens defended the petition and the case ended up in court.

Tini Owens was permitted to provide numerous examples of what could be terms unreasonable behaviour, to prove that the relationship had broken down irretrievably. She pointed to her husband’s mood swings, disparaging behaviour towards her in front of other people, argumentative nature, tendency to prioritise work over home life and a number of other examples. Mr Owens denied these allegations, saying that the couple had “learned to rub along” and that he hoped his wife would return to live with him.

Despite the examples provided of the couple’s allegedly dysfunctional relationship, both the family court and the court of appeal after that ruled that a divorce could not be granted.

Final appeal denied

In July 2018, the case was finally heard in the Supreme Court, where a majority ruling stated that no divorce could be granted. This was the final hope for Tini Owens in this case. She must remain married to her husband no matter how unhappy she may be with her circumstances.

This doesn’t, of course, mean that Mrs Owens must live with her husband, but she will now need to wait until 2020 when the couple have been separated for five years to divorce without her husband’s consent.

Why is this such a big story?

This particular case is so high profile as it shines a penetrating light on the UK’s current ‘blame’-based divorce system, which is currently facing heavy criticism from some quarters. The country doesn’t currently permit what is known as ‘no fault’ divorce, as the legal system currently requires one person to petition the other for divorce.

Unless the reason for divorce is separation for the required length of time, one party must ‘accuse’ the other of adultery, unreasonable behaviour or desertion in order to prove that the marriage has broken down. This often creates unnecessary conflict and animosity between divorcing couples, which can lengthen the divorce process.

In the case of Tini Owens, the law does not permit her a divorce unless she has either been separated for five years or her husband agrees. Her divorce lawyers had argued that she should not have had to prove that Mr Owens had behaved unreasonably, just that she could not be reasonably expected to remain living with him – which is at the core of ‘unreasonable behaviour’ as a reason for divorce.

If you’re facing complications with your divorce, you don’t have to face it alone. Please contact Liverpool divorce solicitor Tracey Miller Family Law for support, legal advice and representation.