Owens v Owens

Ratio Decidendi

Facts

Mrs Owens petitioned for divorce on the basis of Mr Owens' unreasonable behaviour. The family court found the marriage had broken down but that the specific allegations of behaviour were insufficient. Mrs Owens appealed.

Judgment Summary

The Supreme Court (Lord Wilson giving the leading judgment, with Lord Mance, Lord Hodge, Lady Black, and — with evident unease — Lady Hale) dismissed Mrs Owens's appeal. Under s.1 of the Matrimonial Causes Act 1973 as it then stood, a petitioner had to prove not only that the marriage had broken down irretrievably but also one of five facts; Mrs Owens relied on the respondent's behaviour such that she could not reasonably be expected to live with him. The trial judge had found her allegations to be 'anodyne' and 'at best flimsy' and concluded the behaviour fact was not made out. The Supreme Court held that, however unhappily, it could not overturn that evaluative finding: the test is not simply whether the marriage has broken down but whether the proven behaviour, judged objectively, makes it unreasonable to expect the petitioner to continue living with the respondent. Several justices expressed disquiet at the outcome and effectively invited Parliament to reform the law — which it did through the Divorce, Dissolution and Separation Act 2020, introducing no-fault divorce.

Key Quotes

Subsequent Treatment