Wednesday, 22 Mar 2017

No, you can’t have a divorce!

No, you can’t have a divorce!

Have you ever heard of a divorce being refused? Last month, the Court of Appeal rejected a wife’s application to overturn her husband’s successful defence of her Divorce Petition based on unreasonable behaviour.  Tina Owens, the wife of millionaire mushroom farmer Hugh Owens had cited her husband’s “continued berating” following her extra-marital affair as ‘unreasonable behaviour’. However, the Judge found that in the circumstances his reaction had been not only understandable but reasonable and therefore she was not entitled to a divorce.

Whilst defended divorces are rare it is particularly important, when drafting a Divorce Petition, that the Court is provided with sufficient evidence to satisfy it that the marriage has irretrievably broken down based upon sound reasoning.  Whilst Mrs Owens’ divorce was based on unreasonable behaviour, a Petition based upon adultery or two years separation with consent must also be carefully drafted due to the fact that if the spouse does not consent, it can prevent the Petition from continuing.  The key is often in the planning that goes into the divorce and not just the Petition itself.

Here at AWB Charlesworth, our specialist family law solicitors have experience in drafting divorce particulars suitable for every case to ensure that a divorce will be obtained whilst not creating any further aggravation between the parties.  For more information please contact andrew.foulds@awbclaw.co.uk or 01756 692877

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