The legal case that could radically change marriage in Britain
from Coalition for Marriage:
Dear marriage supporter,
On their wedding day couples promise ‘till death us do part’. But pressure is growing to allow quick ‘no fault’ divorces, which would completely undermine marriage as a lifelong covenant.
Last month permission was granted for an appeal to the Supreme Court in the case of Owens v Owens. Lawyers are using this divorce case to argue that the existing law on divorce must be radically rewritten.
The new President of the Supreme Court, Baroness Hale, has for many years called for the introduction of no-fault divorce. The outcome of the case could prove vital to the future nature of marriage in this country.
Protecting innocent spouses
In English law divorces can only be granted in certain specific circumstances: adultery, desertion, two years of separation with consent or five years without consent, unreasonable behaviour.
When applying for a divorce, the petitioner must cite one of the reasons above and, if their spouse opposes the application, substantiate the claim in court.
This system is an important one. It protects innocent spouses from having their marriages suddenly terminated against their will. It upholds the status of marriage as a lifelong commitment and not a commercial contract to be broken at a moment’s notice.
Related Posts
Tags
Share This
