3PB’s Head of Family Law Group Hamish Dunlop, led by Nigel Dyer QC, represents respondent in Owens v Owens
27th March 2017
Hamish Dunlop, Head of 3PB’s Family Law Group, led by Nigel Dyer QC, has represented the respondent in the groundbreaking Owens v Owens case.
The Court of Appeal ruled the appellant would not be granted a divorce on the basis that a ‘wretchedly unhappy marriage’ was not grounds for divorce and found that the respondent’s behaviour amounted to ‘minor altercations of a kind to be expected in a marriage’.
The case brought Munby P to consider the history of divorce law and the continuing debate over no-fault divorce, leading Lady Justice Hallett to conclude ‘It is for parliament to decide whether to amend section I and to introduce “no fault” divorce on demand; it is not for the judges to usurp their function.’
While the decision may re-ignite calls for parliament to re-examine divorce law, the decision is likely to lead to the rejection of a significant number of divorce petitions.
Please click here to read the full judgement.