St. Valentine’s day divorce?
So, Valentines Day is over for another year. Romantic meals, a dozen roses and boxes of chocolates were the order of the day but, unfortunately for some, love was not in the air!
Last year Mrs Tini Owens, 66 sought the Court of Appeal to accept her petition for divorce grounded on the unreasonable behaviour of her husband. She cited his “constant berating about her infidelity” as unreasonable behaviour. The Court of Appeal, on Valentine’s day 2017, upheld the decision of the Family Court Judge in the High Court and concluded that the marriage had not broken down irretrievably. The President of the Court of Appeal said “Parliament has decreed that it is not a ground for divorce that you find yourself in a wretchedly unhappy marriage, though some people may say it should be.”
Mrs Owens has been granted leave to appeal to the Supreme Court. No date has yet been set for the hearing by the Supreme Court. Details of the Supreme Court judgment will be published here once it has been handed down.
Should you wish to find out what does constitute unreasonable behaviour in a marriage and are contemplating separation or divorce please contact Enda Lavery at MTB Solicitors by telephone or email.