Further to my previous post about this remarkable case, the Court have dismissed the wife's appeal.
She is unable to divorce her husband on the grounds of his unreasonable behaviour.
The wife will now not be able to Petition again for divorce until the parties have been separated for a period of five years.
In what has been an extraordinarily controversial decision, it is highly likely that this decision will lead to further lobbying for a no-fault divorce, which is greatly needed in family law.
'The decision that a marriage has broken down due to the 'unreasonable behaviour' of the other spouse must be a subjective one. 'What is tolerable to one person may not be to another. Adults should be able to decide that they no longer wish to be married, without having to accuse their spouse of adultery or unreasonable behaviour. 'This judgment means that spouses like Mrs Owens, who have clearly decided their marriage is over, will be compelled to stay in their marriage for five more years, before they can petition without having to cite unreasonable behaviour.'