Mr and Mrs Owens had married in 1978.  In 2015 Mrs Owens left the marital home and filed for divorce.  Her petition was based upon the ground that the marriage had irretrievably broken down and that Mr Owens had behaved in a way that she could not be expected to live with him.  In accordance with accepted practice at that time, the petition set our examples of Mr Owens’ behaviour but were presented in anodyne terms so as to avoid increasing acrimony between the parties.  Mr Owens indicated that he intended to defend the divorce petition and Mrs Owens amended her petition to advance 27 examples of his behaviour.  At first instance, HHJ Tolson held the examples to be “flimsy” and rejected Mrs Owens’ petition.  Mrs Owens appealed to the Court of Appeal where the decision was upheld.  Mrs Owens progressed her appeal to the Supreme Court who accepted that the decision of the Courts below had been correct.  The decision effectively trapped Mrs Owens in a marriage she no longer wanted to remain in until she could satisfy an alternate ground for divorce (five years separation).

The decisions were unpopular with the public and a variety of campaigns for reform were commenced, including by the family law organisation Resolution (who intervened in the proceedings).  Ultimately this led to Parliament passing the Divorce, Dissolution and Separation Act 2020 providing for “no-fault divorce” and bringing the UK in line with the approach of much of the western world.

You can read the Supreme Court judgment here: https://www.bailii.org/uk/cases/UKSC/2018/41.html

The Payne Hicks Beach team included Simon Beccle and Charlotte Skea-Strachan who represented the wife, Mrs Owens.