No-fault divorces will sap the foundations of the traditional meaning of marriage, argues Charles Chatterjee

The decision of the Supreme Court in Owens v Owens [2018] UKSC 41 must have disappointed Mrs Owens, but ironically, it was her seeking a divorce from her husband that prompted the Supreme Court to provide a very useful interpretation of s1(2)(b) of the Matrimonial Causes Act 1973. Owens v Owens was unique in many ways, and the current legislation is inadequate to deal with the subject matter of their dispute. But, as Lady Hale pointed out it is not for the courts “to change the law laid down by parliament – the courts’ duty is only to interpret and apply the law the parliament has given to us”. Based on Owens v Owens the relevant provisions of the Matrimonial Causes Act 1973 may be amended, or repealed, to make wa...

Professor Charles Chatterjee
Senior Research Fellow
Global Policy Institute

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