Owens v Owens [2018] UKSC 41 – Law Journals

Scotland: View from the north

Dr Dianne Millen provides practical tips from Scotland on negotiating the no-fault landscape While there are good reasons why fault grounds have been critiqued by practitioners and policymakers across the UK, it is also important to recognise that the desire to maintain cordial relations may sometimes need to be subordinated to the need to litigate …

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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: Starting afresh

Marwa Hadi-Barnes outlines the changes to divorce and dissolution with the advent of no-fault divorce, including procedural considerations Service via email is a default method under the DDSA 2020 changes, but where an application is served by email, a notice confirming such service must also be sent to the respondent’s postal address. From 6 April …

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Divorce: Not so fast

Michael Gouriet and Natalie O’Shea examine the government’s proposals regarding no-fault divorce and question whether sufficient consideration has been given to the wider implications of reform ‘It is fundamentally important to ensure that the changes do not unwittingly herald in a new era in which divorces are obtained quickly, but with more damage caused to …

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Periodical payments: Unclear path

Suzanne Todd and Sarfraz Ali study the recent approach of the English and Italian judiciary to societal changes ‘While the tide may be turning, recent decisions in England and in Italy have not, as some may have hoped, sounded the death knell for joint lives maintenance orders.’ Scan any family law report, article or other …

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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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