Woman Refused Divorce Because Her Husband Thought They Still Had a Good Few Years Left?!

[HairsprayBabe]

Has anyone else seen this? It is bloody ridiculous!

www.bbc.co.uk/news/uk-38978661

I can't help but think if it was the other way round then it would 100% have been granted.

That poor woman

This is insane - I mean, they do not demand that a couple have lived together even 1 year so they can get married.

But once someone wants a divorce, there's all this assumptions that the marriage might be "saved" - whyyyy?

If one party disagrees the period is 2 years in Scotland and 5 in England.

In my state, you can get divorced in a matter of weeks whether or not the other party agrees.

Why is presumably simply the conservative influence of the church.

I don't think that Sir Munby quoted was saying the legislation is right. Just that that's what the law is. It'd be interesting to hear what the original judge said, what was presented.

2 or 5 years are not insignificant periods of time.

It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage

All the Judge is doing is stating the law. The law in this for E&W is set out in the Matrimonial Causes Act MCA 1973 1(2). Whether the Respondent Husband had acted unreasonably for the purposes of subsection (b) was what the Court would have heard evidence on.

Hmmm. the basis for divorce that she appears to have relied upon is unreasonable behaviour. It seems that the judge decided that what she said about the husband didn't amount to unreasonable behaviour.

Perhaps she made the mistake of writing only about how she felt, and not what he did to make her feel that way.

The only time you can have no-fault divorce in England is if both parties consent and have been separated for 2 years.

The only time you can have no-fault divorce in England ( and Wales) is if both parties consent and have been separated for 2 years.

and also after 5 years when the issue of consent is not required.