Judges to decide if wife can end her ‘loveless’ marriage
SUPREME Court justices are considering whether an 80-year-old Midland businessman and his 68-yearold wife should divorce.
Tini Owens wants a divorce and says her marriage to Hugh Owens is loveless, unhappy and has broken down.
She says Mr Owens has behaved unreasonably and claims she should not reasonably be expected to stay married.
But Mr Owens has refused to agree to a divorce and denies Mrs Owens’ allegations about his behaviour.
He says if their marriage has irretrievably broken down it is because she had an affair, or, because she is “bored”.
Five justices analysed rival legal arguments, which revolve around concepts of “unreasonable” behaviour and “fault”, at a Supreme Court hearing in London.
They are expected to produce a ruling later in the year.
Lawyers say the case could have implications for people in unhappy marriages and might trigger a law change.
Justices have heard that Mr and Mrs Owens married in 1978 and lived in Broadway, Worcestershire.
Mrs divorce out.
She has already rounds of the battle.
In 2016 she failed to persuade a family court judge to allow her to divorce.
Last year, three appeal judges ruled against her after a Court of Appeal hearing in London.
They said Mrs Owens had failed to establish that her marriage had, legally, irretrievably broken down and dismissed her challenge to a ruling by Judge Robin Tolson.
One appeal judge said she had reached her conclusion with “no enthusiasm whatsoever” but said Parliament would have to decide whether to introduce “no fault” divorce on demand.
Another said that Parliament had “decreed” that being in a “wretchedly unhappy marriage” was not a ground for divorce.
Mrs Owens’ lawyers say she should not have to prove that Mr Owens’ behaviour has been “unreasonable” – only that she should not “reasonably be expected” to remain with him.
But barrister Nigel Dyer QC, who leads Mr Owens’ legal team, disagreed and said: “If the divorce law is to be changed, then it is a task for Parliament.” Owens petitioned for in 2015 after moving lost two