Zaen Ramzan- Student Advisor

The process of filing for divorce may seem easy. You file an application and the divorce is granted. However, a recent case suggests otherwise. In the case of Owens V Owens [2018] the Court ordered that the wife must remain in the marriage against her will. Despite Mrs Owen alleging that the marriage was “loveless and unhappy” the Court refused her a divorce. The judge alleged that the allegations made by Mrs. Owens were only “minor allegations of the kind to be expected in marriage.”

Currently you can apply for a divorce if your partner has committed adultery or has behaved unreasonably. If you cannot prove these grounds then you can only obtain a divorce, after two years separation if your spouse agrees. If he/she does not agree you must wait 5 years.

The Owens case has resulted in people calling for a change in the law and the introduction of a “no-fault” divorce. It seems archaic to make someone remain married if the relationship has broken down.

Here at SULAC, we can help with issues relating to family law and divorce. Our team of final year law students will carry out research about your problem and provide a letter of advice that is checked by a qualified solicitor. If you require free legal advice, please call 01782 294800 for an appointment.