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.

Hughes Paddison, 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.