Mrs Owens initiated divorce proceedings on the basis of her husband, of 37 years, unreasonable behaviour. Mr Owens defended the proceedings and as such a hearing of Mrs Owen’s divorce petition was listed before His Honour Judge Tolson QC. HHJ Tolson QC found that the grounds set out in Mrs Owens’ divorce petition were “minor altercations of a kind to be expected in a marriage”.

Readers may recall on 24 March 2017, the Court of Appeal ruled on a widely anticipated case involving Mrs Owens’ appeal against the High Court’s decision to dismiss her divorce petition. The Court of Appeal determined that HHJ Tolson QC was correct in his approach and dismissed Mrs Owens’ appeal. Following that ruling in March 2017 Mrs Owens has now successfully sought permission to appeal to the Supreme Court.

Interestingly Resolution, which is an organisation of family lawyers and other professionals, is thought to be in the process of applying to join Mrs Owens’ case as an intervenor. The basis of this application is thought to flow from Resolution’s campaign to push for the introduction of “no fault divorces”. Whilst “no fault divorces” are not currently available to individuals wishing to separate amicably, Mrs Owens’ appeal will see the issue raised in the highest Court in the land.

Should Mrs Owens be successful in her appeal, the Supreme Court’s decision may mark a decisive step change in the way couples are able to divorce.

We can advise you on divorce and financial remedy aspects of the law including the options available to you and if your case does go to Court we do everything possible to ensure a fair outcome. If you would like to find out more please contact Moore Blatch on 023 8071 8127.