Joyless marriage not ground for divorce: UK Supreme Court
27 July, 2018, 21:56 | Author: Bert Pena
A WOMAN who wants to divorce her husband of 40 years because she says their marriage is unhappy has lost a Supreme Court fight.
"Unfortunately for Mrs Owens, the decision means she will be locked into a marriage that is clearly over, until 2020 when she can petition for divorce on the grounds of five years separation".
Under current United Kingdom law, which dates back 50 years, anyone seeking divorce must show that a marriage has broken down due to adultery, unreasonable behaviour or desertion, or live apart from his or her spouse for five years.
It's a complicated saga: Ms Owens says she first considered getting a divorce in 2012, but did not leave the family home until 2015 - issuing a divorce petition in May that year.
Simon Beccle, Mrs Owens' solicitor, said she had hoped the justices would make a decision which would be "forward-thinking and fit with the current social mores".
Resolution, an organisation that represents 6,500 lawyers working in family law and supports the introduction of no-fault divorce, said the judgment confirmed there was a "divorce crisis" in England and Wales. This led her to feel "unhappy, unappreciated, upset and embarrassed", and after many years, she said that she had "grown apart from him".
"The appeal of Mrs Owens must be dismissed".
Past year three appeal judges ruled against her after a Court of Appeal hearing in London. Politicians can no longer justify inaction on their part and must introduce no-fault divorce without delay.
Image Credit Wu Jianxiong Unsplash
Hamish Dunlop, commenting on the Supreme Court judgement, told Lawyer Monthly: "The Supreme Court has rightly rejected Mrs Owens' attempt radically to reinterpret the requirements for a behaviour divorce brought under the Matrimonial Causes Act 1973".
Caroline Elliott of law firm Shakespeare Martineau said: "England and Wales lag far behind other countries with their divorce laws".
They argued she should not have had to prove Mr Owens' behaviour has been "unreasonable", only that she should not "reasonably be expected" to remain with him.
A wealthy couple, the Owens had been married since 1978 and have two grown-up children. "It is not for us to change the law laid down by Parliament - our role is only to interpret and apply the law that Parliament has given us". In particular, she felt that "this was a case which depended upon the cumulative effect of a great many small incidents said to be indicative of authoritarian, demeaning and humiliating conduct over a period of time" (paragraph 50), and that the hearing "was not set up or conducted in a way which would enable the full flavour of such conduct to be properly evaluated".
Another, Supreme Court president Lady Hale, said she found the case "very troubling".
She said she had been "reluctantly persuaded" that the appeal should be dismissed.
Previous courts found that her examples of his bad behaviour - needed to grant a divorce - were "flimsy" and "isolated incidents", with the case eventually making it's way to the Supreme Court.
Pakistan's Imran Khan on cusp of power, opponents cry foul
Before official results arrived, PTI and Khan supporters took to the streets to celebrate the initial results on Wednesday night. Monitors had been thrown out of polling stations as votes were tallied and results were unexpectedly delayed for hours.
Toronto police say they have "no evidence" that Faisal Hussain's shooting rampage on the Danforth was connected to ISIS. Toronto Mayor John Tory and some city councilors had lunch Wednesday at a Greek restaurant on the street.
This saga, however, should take an interesting turn soon, as Leicester City are not at all interested in selling the Englishman. The player, for his part, seemed open to a move of a club of United's stature when speaking to the Sun recently.
Global DAU rates increased by 11% compared to the year-ago quarter, but they were still below what Wall Street was calling for. Only months after a data privacy scandal, Facebook is seeing fewer frequent users than it expected, according to CBS News .
The image, showing the animal with smudges on its face, attracted attention online before experts gave their view on its species. In 2009 a zoo in Palestine reportedly painted two donkeys to replace zebras that had died.
The rampage came just three months after a van struck and killed 10 people in Toronto in an apparent attack directed toward women. Toronto Mayor John Tory called the shooting a "despicable act" targeting innocents. "That was the scary part", she said.
They say they are duty-bound to carry out congressional oversight. "Enough is enough", Jordan said in a statement on Wednesday. Republican leaders, however, have said in recent weeks that they are satisfied with the Justice Department's progress.
The explosion happened about 1 p.m. local time just outside the embassy's southeast corner, an embassy spokesman said. Some witnesses claimed that they heard a blast, however, the nature of the explosion is yet to be determined.
Gunners fans will get their first glimpses of new signing Sokratis and Lucas Torreira , who both joined the club this summer. Asked how long the negotiations would take, Ramsey replied: "I'm not sure exactly".
Arsenal forward Reiss Nelson and midfielder Alex Iwobi sat alongside Ozil at the fan event in Singapore with the former admitting new coach Unai Emery had been very active in his first few training sessions with the club.
The headlining story of this release is that the market was surprised by Google acheiving far stronger ad sales than expected. The average estimate of 13 analysts surveyed by Zacks Investment Research was for earnings of $9.45 per share.