Stala Charalambous is a family law expert
21st Century mayhem. The case of Owens v Owens [2017] EWCA Civ 182 has sent ripples of shock waves; created uncertainty and has led to clients insisting on making their petitions for divorce or dissolution more ‘acrimonious’. This is (they say) to ensure that they have provided sufficient evidence to show that the marriage has irretrievably broken down and that the respondent’s behaviour was so unreasonable that the petitioner can no longer tolerate or be expected to live with the respondent. In essence they are seeking to avoid a repeat of the decision in Owens v Owens.
In England and Wales we do not have a ‘no fault' divorce system. To divorce in England and Wales it must be shown (by the person applying for a divorce known as the petitioner) that the...
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