Three Appeal Court Justices upheld the verdict of a Judge that, although Mrs Owens was ‘trapped in a loveless and desperately unhappy marriage’, this was not sufficient ground for divorce. In an age where we’ve had civil partnerships, gay marriage and divorce hotels in the US, where unhappy married couples can check in married and leave divorced, isn’t it time for divorce law to be reformed?

The grounds for divorce are set out in legislation which dates back to 1973 and three of those grounds are a couple to have been separated for at least two years’ before they can divorce. The only grounds upon which a couple can divorce immediately after separation are either adultery or behaviour.

Why does the law require identification of fault?

The theory is that, by identifying fault, who and what was responsible for the marriage breakdown, it will discourage and condemn such behaviour and, therefore, protect marriage. There is no evidence from research studies to suggest the current law does anything to achieve this and the reality is that the majority of divorces proceed on the basis of behaviour as most divorcees do not want to wait so long to agree their finances or want to keep their children in such an unsure situation.

The Law Society and Resolution, the leading association of family lawyers, encourages solicitors to reduce and manage conflict and confrontation. Strongly worded allegations of behaviour in Divorce Petitions do not sit comfortably with these principles. As long ago as 1976, legislation which would enable couples to divorce without making allegations of fault was drafted but never implemented. In the recent case, the President of the Family Division questioned whether the current law is fit for purpose. It is certainly long overdue for a review.