Owens v Owens [2017] EWCA Civ 182 – Law Journals

Divorce: Opening the floodgates?

Nahanni Simcox considers no-fault divorce and whether the reforms might increase the attractiveness of England and Wales as a divorce jurisdiction It is imperative that parties with cross-jurisdictional assets and interests carefully consider the jurisdiction in which they issue divorce or dissolution proceedings. Following the introduction of ‘no-fault’ divorce on 6 April 2022, it will …

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Divorce: No way out

John Oxley examines the wider implications of the Supreme Court decision in Owens v Owens ‘The Supreme Court considered, but ultimately, rejected, that the court at first instance had wrongly thought that there needed to be a causal link between the behaviour and the breakdown, finding that it is clear that s1, MCA 1973 does …

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Reform: Divorce for the modern era

Suzanne Todd and Victoria Nottage consider the case for no-fault divorce ‘The need to appoint “blame” exacerbates what is already a highly charged and emotional time, which in turn can impact on how couples approach separation and creates skirmishes that can have significant long-term financial impact, in terms of time, cost and stress.’ As we …

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Financial Provision: An open door

David Hickmott examines the Supreme Court decision in Birch v Birch and the importance of the discretionary jurisdiction in the family courts ‘The matter could, and should, have been more expeditiously dealt with had the parties addressed the court as to a proper inquiry into the merits of the wife’s application, rather than being derailed …

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Divorce: Finding fault

Emma Morris and Lara Myers look at the factors that may prevent pronouncement of a decree, and the increasing calls for the introduction of no-fault divorce ‘It seems that the court’s inquiry is extremely limited where an acknowledgement of service indicates that the petition is undefended, and that a requirement for further evidence or a …

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