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This article was published on February 16th, 2017
The majority of divorces are undefended in this country and it is extremely rare for a judge to not grant a divorce petition, but there has been a case in the news recently whereby a divorce was defended by the husband and the Judge ruled, in a family court, that the divorce petition should not be granted on the basis that the reasons for granting it were normal in marriage and were “of the kind to be expected in marriage”.
The 66-year-old woman has been married to her 78-year-old husband for 39 years and she is appealing the decision claiming that she is ‘desperately unhappy’. She made 27 claims about controlling behaviour from her husband including being mistrustful, insensitive in manner and tone in the way he spoke to her and generally treated her in a childlike way.
During the appeal case, the three Judges on the case were made aware of an affair that the wife had conducted which lasted less than a year and that they now sleep in different rooms.
The wife’s witness statement said:
“The simple fact is that I have been desperately unhappy in our marriage for many years,
“There is no prospect of reconciliation.”
Her husband is contesting the divorce because he believes they still have a “few years” left to enjoy.
The husband’s solicitor said: “At the moment, as the law stands, unhappiness, discontent, disillusionment are not facts which a petitioner can rely upon as facts which prove irretrievable breakdown.”
Divorce is not always straightforward and can be extremely upsetting for both sides. By using a specialist divorce solicitor, mistakes can be avoided helping to reduce unnecessary stress and anxiety and ensuring a problem free and expedited process. For an informal chat and to take the first steps into finding out about what divorce involves, please contact our family law team on FREEPHONE 0800 1979 345.
Thorneycroft specialist divorce solicitors offer expert help and advice on the legal and financial implications of a relationship breakdown. Each member of the team has the required skills to negotiate a financial settlement ensuring a positive outcome for you.
IF you live in Macclesfield, Buxton, Holmes Chapel or surrounding areas and require divorce law advice or to discuss your separation in more detail please call one of our specialist solicitors or complete our simple online enquiry form.