It seems that many believe that Divorce is a simple application to the court where a person relies on one of the five grounds for divorce to evidence the irretrievably breakdown of a marriage, and the belief remains the family court will simply grant the Divorce. This is not the case as Tini Owens aged 66 has recently found out.
Tini to the Court “she is desperately unhappy” in her 39-year marriage. But court has refused to grant her a Divorce on the written evidence she has provided. The court heard Mrs Owens arguments as to why her marriage had broken down but her husband Mr Owens disagreed and believe that the couple “have more years yet to enjoy”.
Mrs Owens initial application to the Family Court, last year for a Divorce was ruled against with the Judge stating “her allegations were of the kind to be expected in marriage”. Mrs Owens appealed that decision and on Tuesday three Appeal Judges analysed the Family Courts decision. It seems that Mrs Owens had made 27 applications about the way her husband had treated her, including that he was “insensitive in his manner and tone” and she was “constantly mistrusted”. She also was suggested that there was no chance of reconciliation. It seems her husband disagreed and denied the allegations made against him. It was for the judges to consider if the “cumulative effect” of what might be classed as a long list of trivial matters would indeed lead to the grounds of unreasonable behaviour allowing for the Divorce.
Her husband’s legal representatives argued that “at the moment as the law stands, unhappiness, discontent disillusionment are not facts which the petitioner can rely upon as fact which prove irretrievable breakdown.”.
We now await a decision of the court and therefore Mr & Mrs Owens continue to be married.
If your Relationship, Civil Partnership or Marriage has broken down and you seek advise you first initial appointment with Sophie Mitchell would be free. Telephone the office on 01953 883535 for further details.