Owens v Owens

Owens v Owens

The trial judge was entitled to find, on the evidence and applying the correct legal test, that the husband's behaviour did not amount to unreasonable behaviour such that the wife cannot reasonably be expected to live with him. The judge's findings were open to him and display no error of law or principle.

Parties
Appellant: Tini Owens; Respondent: Hugh John Owens
Jurisdiction
England and Wales
Judgment Date
24 March 2017
Procedural Posture
Divorce Petition / Appeal From Refusal of Decree Nisi
Outcome
appeal dismissed
Legal Topics
Divorce, Unreasonable Behaviour, Matrimonial Causes, Irretrievable Breakdown, Fault Based Divorce
Family Law Divorce Unreasonable Behaviour Matrimonial Causes Irretrievable Breakdown Fault Based Divorce

Case Brief

Summary, issues, holding and outcome

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Parties

Tini Owens

Appellant

Hugh John Owens

Respondent

Procedural Posture

Divorce Petition / Appeal From Refusal of Decree Nisi

Legal Issues

  1. 1 Whether the husband's behaviour was such that the wife cannot reasonably be expected to live with him under section 1(2)(b) of the Matrimonial Causes Act 1973
  2. 2 Whether the trial judge erred in law or process in refusing the decree nisi
  3. 3 Whether the wife's rights under Articles 8 and 12 of the European Convention were infringed

Ratio Decidendi

The trial judge was entitled to find, on the evidence and applying the correct legal test, that the husband's behaviour did not amount to unreasonable behaviour such that the wife cannot reasonably be expected to live with him. The judge's findings were open to him and display no error of law or principle.

Court Disposition

appeal dismissed

Orders

  • Petition for divorce dismissed
  • Wife ordered to pay husband's costs