A woman who filed for divorce because she was unhappy was recently forced to stay in a "loveless marriage" following a Supreme Court ruling.

In England and Wales, the only ground for divorce is an irretrievable breakdown of marriage as a result of adultery, unreasonable behaviour, two years separation following desertion, two years' separation with consent or five years' separation (no consent required).

Mrs Owens, who married Mr Owens in 1978, asked for divorce on the grounds of Mr Owens' unreasonable behaviour. This included mood swings, lack of love, care and affection, and prioritising his work over their home life.

Mr Owens objected, stating that these behaviours are not out of the ordinary in the course of any marriage. The judge agreed and refused to grant the divorce.

Are things about to change?

The Supreme Court expressed in its judgement that it felt current divorce law is antiquated and in need of change, but that its role is to interpret the law, not change it. It urged Parliament to review the law and to move it forward in line with modern times. Society has moved on since divorce law was introduced 50 years ago, and it is clear that the current law leaves Mrs Owens stuck in a loveless marriage, at least until February 2020 when she can divorce Mr Owens on the basis of five years' separation.

Following the outcome of this case, Justice Secretary David Gauke has announced plans to introduce 'no fault divorce', which would not require proving any fault on the part of the other partner. This is a significant step forward after many years of campaigning for a change in the law. The first step in this change is a formal consultation paper - the consultation period runs until December 10.

  • Samantha Hickman is partner in the private client team at award-winning law firm VWV, which has offices in Clarendon Road, Watford.