Owens v Owens: ‘No-fault’ divorce

Originally published on 28th September 2018 at 10:19 AM

Reading time: 3 mins

What happened in the case of Tini Owens’s divorce?

You’ve probably seen the coverage regarding Tini Owens in the news. Tini’s story sparked debate over the last few years for a number of reasons. If you’d like a better understanding of the background, here’s a recap on the story and why it’s important.

Who is Tini Owens?

Tini Owens is well known because her application to divorce her husband of 40 years was refused by not only the High Court, but also the Court of Appeal. The case was reviewed by the Supreme Court who also rejected the divorce application.

Why was the divorce application rejected?

Tini used ‘unreasonable behaviour’ as the reason for the breakdown of the marriage (when you needed to provide grounds for your divorce). Her husband, Hugh Owens, contested the divorce as he didn’t agree that the examples of his behaviour satisfied the requirements of the law. In 2016, the High Court refused her petition, stating that her husband’s behaviour had not been unreasonable.

On Wednesday 25th July 2018, the Supreme Court also rejected the divorce petition. This means Tini must stay married to her husband until 2020.

Why is it important?

There were divided opinions about Owens v Owens (2018). Some were outraged that Tini Owens was refused a divorce and therefore, forced to stay unhappily married. Some believed that the behavioural examples were not sufficient for a judge to agree to the divorce. And some believed it was a high profile example of why we should introduce ‘no-fault’ divorce in England and Wales.

What is unreasonable behaviour in Owens v Owens?

Unreasonable behaviour was one of the five reasons that could be used - in English and Welsh law - to prove that your marriage has broken down past the point of repair. It was, at the time, the most common reason used to get divorced.

No-fault divorce

No-fault divorce refers to divorcing your partner without the need to blame one person or provide any reason for the breakdown of the marriage. A YouGov survey in 2017 revealed that 69% of people agree that people should be able to divorce without having to blame their spouse. So, why was ‘no-fault’ divorce introduced so late?

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FAQs

Why is Owens v Owens important?

Owens v Owens (2018) was an important case because it highlighted the need for a change in the law around the requirements to get a divorce. Specifically, the need for the introduction of ‘no-fault’ divorce in England and Wales (it was fully introduced in [Scotland, 2006](Owens v Owens (2018) was an important case because it highlighted the need for a change in the law around the requirements to get a divorce. Specifically, the need for the introduction of ‘no-fault’ divorce in England and Wales (it was fully introduced in Scotland in 2006). )).

What was the decision in Owens v Owens (2018)?

After Owens v Owens was heard by the Supreme Court in July 2018, they dismissed it on the basis that Mr Owens’ actions had not, to the Justices, appear to constitute unreasonable behaviour.

Is Tini Owens now divorced?

Yes, Tini Owens is now divorced after being separated from her husband for 5 years, which was one of the grounds for divorce prior to ‘no-fault’ divorce. After the introduction of ‘no-fault’ divorce, you no longer need a reason nor any grounds to divorce your spouse.

Hannah Hodgkinson

Hannah Hodgkinson was Head of Marketing at amicable. Hannah has over six years experience working for global NGOs and private consultancies and has a passion for marketing for companies with a social purpose.

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