판결 이유
The court must apply the statutory test for divorce (that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them) and cannot grant a divorce simply because the marriage has broken down, if the behaviour allegations are insufficient.
사실관계
Mrs Owens petitioned for divorce on the basis of Mr Owens' unreasonable behaviour. The family court found the marriage had broken down but that the specific allegations of behaviour were insufficient. Mrs Owens appealed.
판결 요약
The Supreme Court dismissed the appeal. The statutory test required specific behaviour findings, which the judge had not made. The court could not grant a divorce based solely on the fact that the marriage had broken down irretrievably without sufficient evidence of the behaviour.
주요 인용문
"Parliament has decreed that it is not enough for the petitioner to prove that the marriage has broken down irretrievably. She has also to establish one of five facts."
— Lord Wilson
후속 처리
This case was a catalyst for the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce from April 2022, removing the need to prove behaviour or other fault-based facts.