30 August 2017
Woman begins third attempt to divorce husband
A woman in her 60s who has twice had her petition for divorce rejected by the courts is set to take her fight to the Supreme Court.
Tini Owens has been married to Hugh Owens for almost 40 years, and has so far been unable to receive legal backing for their separation, which he rejects.
Her lawyers are set to tell justices at the highest court in the UK that she should not have to prove "unreasonable" behaviour.
Instead they claim Mrs Owens should only have to prove that Mr Owens' behaviour was such that she could not reasonably be expected to live with him.
Mrs Owens, who lived with her husband, in his 70s, in Worcestershire has previously failed to persuade a family judge, and then a Court of Appeal judge, to allow her a divorce.
Judges have heard that Mr and Mrs Owens married in 1978 and that Mrs Owens moved out of the family home in 2015.
Mrs Owens says the marriage has irretrievably broken down. Mr Owens disagrees and has refused to agree to a divorce.
Philip Marshall QC, who heads Mrs Owens' legal team and is based at 1 King's Bench Walk chambers in London, outlined the plan of attack in a statement issued by his office after Supreme Court justices said they would consider the case.