When ‘Happily Ever After’ Goes Wrong: Divorce law in the UK in light of Owens v Owens

When ‘Happily Ever After’ Goes Wrong:
Divorce law in the UK in light of Owens v Owens

by Yiota Constantinides

The ultimate goal of functional divorce law is thought to be the facilitation of separation of the involved parties, as well as the limiting of hostility between them and the prevention of ‘collateral damage’ to third parties such as children. However, the UK system of divorce, which is founded on the concept of attribution of fault to one of the parties, inhibits the peaceful breaking up of relations by cultivating resentment. Recent cases as well as academic and judicial commentary highlight the need for reform to permit a ‘no-fault’ divorce system. This system will make parting tolerable and more reflective of contemporary society standards.