Owens v Owens: Until Divorce Do Us Part

Categories ISSUE 6

Owens v Owens:
Until Divorce Do Us Part

by Sasha Spiteri

When filing for divorce in the United Kingdom, current law requires couples to apportion blame, which encourages bitterness and hostility throughout the proceedings. Where an application is contested, parties must substantiate their claims to a court where it must then be regarded as something more than trivial. Recent cases outline the troubles that may arise from a proceeding where courts feel as though a marriage has irretrievably broken down but through application of the law cannot grant a divorce. Many academics, lawyers, and judges feel there is a need to introduce a ‘no-fault’ based system of divorce law which would enable parties to unilaterally file for divorce in an amicable and civilised fashion.

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