Millionaire, 78 who won’t let love-cheat wife have a divorce
A WIFE who says she is trapped in a loveless marriage has had to go to court to try to free herself from her millionaire husband.
In what was described as an ‘extraordinarily unusual’ case, Tini Owens, 65, says she is ‘locked’ in a 39-year marriage with mushroom farmer Hugh Owens, 78.
She has taken her battle to the Court of Appeal following a previous hearing at which a judge said her husband’s attitude towards the marriage was simply ‘old school’.
Her lawyer is demanding a change in the law by introducing ‘no-fault’ divorces, where a spouse does not have to prove that his or her partner has done anything wrong.
Britain’s top family judge, Sir James Munby, heard yesterday that the couple married in January 1978 but have been living apart since February 2015, when Mrs Owens moved out of the family home. She now lives in a nearby property jointly owned by the couple.
During their time together they built up a mushroom growing business that now turns over £ 5million and acquired four homes, including a £629,000 manor in Willersey, Gloucestershire, that is the matrimonial home. They have grown-up children.
The court heard that Mrs Owens had a year-long affair that ended in 2013 and she says that her husband’s ‘continued beratement’ of her over the fling mounts to unreason- able behaviour. She says that she feels ‘unloved, isolated and alone’.
Mrs Owens began court proceedings for a decree nisi, an order that can formally end a marriage unless there is a good reason not to grant a divorce. But the judge refused her request last year, describing Mr Owens’ attitude towards the marriage as ‘old school’ and saying Mrs Owens was ‘more sensitive than most wives’.
Under current law, a couple must be separated for five years for a divorce to be allowed without the consent of both parties.
In a witness statement presented to yesterday’s Court of Appeal hearing, Mrs Owens accused her husband of being ‘insensitive’ in his ‘manner and tone’. She added: ‘The simple fact is that I have been desperately unhappy in our marriage for many years. There is no prospect of reconciliation.’
Her barrister, Philip Marshall QC, said the ‘vast majority’ of divorces were undefended in 21st century England and added: ‘ It is extraordinarily unusual in modern times for a court to dismiss a petition for divorce.
‘The wife, who is nearly 66, is now a “locked in” wife. She cannot get divorced unless the husband changes his mind and agrees.’
He said judges had to consider the ‘cumulative effect’ of what might be classed as a long list of trivial matters.
‘It was my client’s complaint that her husband treated her in a childlike way and in a way
‘Treated in a childlike way’
which was effectively that she should agree with his will,’ said Mr Marshall.
The barrister was seeking a change in the law and told the court that Mrs Owens’ human rights with respect to her family life and the right to remarry were being violated.
But her husband disagreed with her claims the marriage had irretrievably broken down and denied allegations of unreasonable behaviour. He was against a divorce and said they still had a ‘few years’ to enjoy.
Mr Owens’ barrister, Nigel Dyer QC, told the court: ‘The wife’s human rights do not extend to providing married couples with a no-fault based divorce law. At the moment, as the law stands, unhappiness, discontent, disillusionment are not facts which a petitioner can rely upon as facts which prove irretrievable breakdown.’
Sir James said the job of appeal judges was to ‘apply the law’. He said they would examine legislation laid down by Parliament and told lawyers: ‘It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage – people may say it should be.’
They are expected to publish a ruling soon.