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Mrs Owens fails in her Appeal to The Supreme Court o divorce her husband

It was fully expected today that Mrs Owens would fail in her Appeal to The Supreme Court and be allowed to divorce her husband. The petition she originally  lodged in court lacked sufficient accusations  her husbands behaviour was so unreasonable she could not be expected to live with him so meaning the marriage had irretrievably broken down.

Her principal ground of appeal had been that the law should now be interpreted as requiring not that the behaviour of Mr Owens had been such that she could not reasonably be expected to live with him but that the effect of it on her had been of that character.

The key point was never  the effect on the actual person bringing the petition (a subjective standard) but rather a judge forming an objective view the behaviour complained of was so unreasonable as to mean a person could not reasonably be expected to live with them.

As things stand, whilst commendable to not file at court a real fire and brimstone petition for divorce and stoke the flames of acrimony, a petition must contain sufficient allegations of unreasonable behaviour by the other party,  properly particularised to satisfy the objective observer.

The expected decision has added to the clamour for parliament to address the need in the modern age for a no fault divorce not requiring the separating parties to first wait two years. A private Members Bill has been launched by Baroness Butler-Sloss to this effect and is expected to have cross party support.