The WLR Daily case summaries
[2017] WLR (D) 217
Court of Appeal
Owens v Owens
[2017] EWCA Civ 182
2017 Feb 14; March 24
Sir James Munby P, Hallett, Macur LJJ
Marriage— Divorce— Respondent’s behaviour— Wife seeking divorce on ground of husband’s unreasonable behaviour— Husband contesting petition— Judge finding wife failing to prove husband’s behaviour such that she could not reasonably be expected to live with him— Current approach to objective test— Whether trial process flawed— Whether judge having erred in law— Whether requirement to prove fault consistent with Convention rights—
Matrimonial Causes Act 1973 (c 18), s 1(2)(b)
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 12