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J.M. Wilson Solicitors has excelled in providing expert legal assistance since 1991. Highly professional staff are friendly and offering expertise in:
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    Time to stop the blame game?

    The recent Court Of Appeal case of Tini Owens raises the thorny issue of whether the current divorce law should be changed to include a ‘no fault’ option for parties.

    Currently there is only one ground for divorce, the marriage has broken down irretrievably. The party starting the divorce must choose from one of five facts to prove that ground. These are adultery, unreasonable behaviour, two years separation with both parties consenting, five years separation and finally desertion.

    If, like in Tini Owens case, you have a spouse that does not want a divorce, has not committed adultery and you have not been separated for over 5 years, then your only fact to use would be unreasonable behaviour. To prove this you have to cite reasons why you can no longer remain living your spouse due to their behaviour being unreasonable.

    In Tini Owens case the initial Judge did not accept Mr Owens behaviour, as cited by Mrs Owen in her divorce petition, was unreasonable. By not allowing the divorce to continue it left Mrs Owens in the difficult position of being ‘locked in’ a marriage which she found unhappy and which she could not end.

    If there were a possibility for a no fault divorce then it would allow those like Mrs Owens to simply divorce their spouse without blaming each other and without having to be separated for five years, assuming the spouse does not consent to a divorce based on two years separation.

    The decision of the Court of Appeal is thus eagerly awaited and we will update you on the decision in due course.

    Jenny Sharma, our Head of Family Law has over 15 years of experience in family law and provides a first free interview to all new clients. She receives excellent testimonials from clients. To book an appointment contact Jenny direct at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or the offices of JM Wilson Solicitors on 0121 356 4556.

    Jenny Sharma