Divorce: time to end the blame game?
How is it possible, asked Rachel Johnson in The Mail on Sunday, that in a supposedly civilised country in the 21st century, a woman can be forced to remain in a loveless marriage. Last week, the Court of Appeal upheld an earlier ruling that Tini Owens, 66, had no grounds for divorcing her 78-year-old husband Hugh, who had contested the petition, insisting they still have a “few years” to enjoy together. It didn’t matter that she felt miserable and isolated; that she and her husband of almost 40 years frequently rowed; nor that he belittled her in front of family and friends. That didn’t amount to “unreasonable” behaviour. Mrs Owens will simply have to remain a self-described “lockedin wife” until 2020, at which point she will qualify for automatic divorce on the basis of five years’ separation.
This case highlights the desperate need for the introduction of no-fault divorces, said Richard Adams, a divorce lawyer, on The Huffington Post. It’s very rare for someone to oppose a divorce petition, but even in standard cases petitioners have to establish that the marriage has irretrievably broken down. A period of separation of at least two years will qualify if both sides consent. But if people don’t want to wait that long, their only option is to claim that their spouse has committed adultery or is behaving so unreasonably that they can’t be expected to live with them. This need to attribute fault introduces acrimony into the divorce process, making it more stressful for the couple and any children they have. “It’s time to end the blame game.”
It is amazing that we haven’t done so already, said The Times. There is “overwhelming” support for such a move among judges and marriage guidance counsellors, and it would bring our laws into line with those of Australia, Canada, Sweden and the US. Yet despite long-standing support for the concept of “no-fault” divorce in both of the main parties in Westminster, the Government has taken no steps to introduce this reform, perhaps for fear of being accused of undermining marriage. “In light of the case of Owens v. Owens, it should think again.” For as even the judges indicated in their ruling last week, the law in this area now “looks an ass”.