Today the Government have announced there will be new legislation in divorce law. This new law will update the Matrimonial Causes Act 1973 in due course. It will mean that, in the future when the legislation comes into force, divorcing couples will no longer have to ‘blame’ each other for the breakdown of their marriage. It is hoped the new law will help reduce family conflict.
Hughes Paddison in Supreme Court Divorce case
The Supreme Court is to hear a wife's appeal against the dismissal of her divorce petition.
Hughes Paddison represented Hugh Owens when his wife's petition for divorce was heard in the Central Family Court in January 2016. His Honour Judge Tolson QC concluded that Mrs Owens had failed to satisfy the Court that her husband had behaved in such a way that she could not reasonably be expected to live with him.
The wife's appeal to the Court of Appeal was heard in February 2017 and was unanimously rejected.
Mrs Owens has now appealed to the Supreme Court.
Peter Jackson, Consultant Solicitor with Hughes Paddison, who represents Mr Owens commented :-
"The Supreme Court has never before considered the terms of the current divorce law which has been with us for almost 50 years. The Court of Appeal reviewed existing authorities and concluded that the judge who dismissed the petition had applied the law correctly and, on the evidence before him, he was entitled to reach the conclusion that he did. Many family lawyers would like to see the introduction of "no fault" divorce and it is against that background that this appeal is taking place”
Barristers Nigel Dyer QC and Hamish Dunlop will appear at the Supreme Court for Mr Owens. The hearing will take place on 17 May. Judgment is expected later in the year.