“It’s not you… and it’s not me, either”: The case for no-fault divorce in England and Wales

24th September 2017

The Court of Appeal’s unanimous decision in Owens v Owens [2017] EWCA Civ 1822 (‘Owens’) ‘underlines [the] urgent need for no-fault divorce in England and Wales. Mrs Owens’ petition for divorce was dismissed by His Honour Judge Tolson QC at first instance because the learned judge held that whilst the marriage had broken down, Mrs Owens failed to prove, within the meaning of section 1(2)(b) of the Matrimonial Causes Act 1973, that her husband had ‘… behaved in such a way that [she] cannot reasonably be expected to live with [him]’…

Sophie Smith Holland