A woman has been told she must stay in her loveless marriage to her husband of 40 years after judges refused to grant her a divorce.
Tini Owens lost her Supreme Court fight after five justices ruled that she must stay married to Hugh Owens.
Lawyers had said the case could have set a precedent for a so-called no-fault divorce had judges sided with Mrs Owens.
But the justices upheld rulings by a Family Court judge and Court of Appeal judges, who had also refused the divorce.
Mrs Owens, who is in her late 60s, moved out of the family home and filed for divorce in 2015, describing her marriage to the retired businessman as loveless and desperately unhappy.
'Parents' of newborn baby found dead in woods with ribs missing arrested
But her husband, in his 80s, refused to agree to a divorce and denied her allegations that he had behaved unreasonably.
Advertisement
Advertisement
He said that if their marriage has broken down, it is because his wife has had an affair or is simply bored.
Giving the ruling at the Supreme Court, Lord Wilson said justices ruled against Mrs Owens with reluctance.
What's next for the couple?
Andrew Smith, family law expert at Blacks Solicitors LLP, said the case is likely to drag on for many more years.
He explained that Mrs Owens will need to wait until 2020, when the couple have been separated for five years, before she can obtain a divorce.
At that point, she will not need her husbands consent.
Mr Smith added: However, after she has finally been granted her divorce it is unlikely that Mrs Owens will be able to truly move on as the couples finances will then need to be dealt with.
He explained it was a question for Parliament, while Supreme Court president Lady Hale admitted the case was very troubling but said it is not for judges to change the law.
Last year, appeal judges ruled against Mrs Owens, saying she had failed to establish the marriage had broken down.
Mrs Owens lawyers said she should not have to prove that Mr Owens behaviour has been unreasonable – only that she should not reasonably be expected to remain with him.
More: UK
Advertisement
Advertisement
But barrister Nigel Dyer QC, who leads Mr Owens legal team, disagreed and raised concern about the introduction of divorce on demand.
Family lawyer Alex Carruthers, partner at Hughes Fowler Carruthers, said: This is an extremely unfair situation. The judges were constrained by laws made almost 50 years ago which are no longer fit for purpose.
The clamour in the legal profession for reform of our arcane divorce laws and the introduction of no-fault divorces is now deafening.
Advertisement
Advertisement
[contf]
[contfnew]
METRO
[contfnewc]
[contfnewc]