Farmer’s wife denied divorce disputes what is ‘unreasonable’

A WOMAN refused a divorce from her millionaire husband will argue that she should not have to prove “unreasonable” behaviour as she takes her fight to the Supreme Court.

Tini Owens, 66, claims she is “locked in” to her 37-year marriage with mushroom farmer Hugh Owens, 78, which broke down after she had an affair several years ago.

But her divorce petition has been rejected by both the High Court and the Court of Appeal.

In a highly unusual move, Judge Robin Tolson QC refused her petition last year, ruling that her husband’s constant berating about her infidelity was to be “expected in a marriage”.

He concluded that her husband’s behaviour towards her had not been unreasonable and described the farmer’s attitude as “old school”.

Sir James Munby, the president of the family division, agreed, telling the Court of Appeal that the marriage had not, in law, irretrievably broken down.

He added: “Parliament has decreed that it is not a ground for divorce that you find yourself in a wretchedly unhappy marriage, though some people may say it should be.”

But Mrs Owens’ legal team revealed that, in taking the case to the Supreme Court, they would argue that the previous emphasis on trying to find that Mr Owens’ behaviour was “in some way unreasonable” was wrong.

Philip Marshall QC said: “It will be argued that this is a ‘linguistic trap’ and that the [law] does not require unreasonable behaviour, but simply behaviour such that [she] cannot reasonably be expected to live with.”

The couple married in January 1978 but have been living apart since February 2015. They built up a mushroomgrowing business, which turns over £5million a year, amassed four houses – including a manor house in Worcestershire, plus properties in Wales and France – and lived a “genteel life in genteel company”.

Mr Owens has claimed that he has moved on and forgiven his wife for her “misguided” fling in 2012, saying he wants them to remain married as they “still have a few years of old age together”. But Mrs Owens insists she feels “unloved, isolated and alone” and says her husband’s behaviour amounts to grounds for divorce.

Only 1 per cent of divorce petitions in England and Wales are reportedly contested. Family court lawyers said the Appeal Court ruling would strengthen calls for the introduction of “no fault” divorces.

No date has yet been fixed for the Supreme Court hearing.