Wife appeals ‘extraordinary’ divorce refusal

Family Law|February 14th 2017

A 65 year-old woman has appealed a Judge’s refusal to grant her a divorce.

The refusal followed a hearing at a family court in Oxford. She had petitioned to divorce her 78 year-old husband after 39 years together, saying he had indulged in unreasonable behaviour and the relationship had irretrievably broken down. But he resisted, denying her allegations and insisting their marriage still had a “few years” in it.

Unusually, Judge Robin Tolson accepted the husband’s case and refused the wife’s petition for a divorce, saying her claims were routine complaints “of the kind to be expected in marriage”, The Guardian reports.

In the Court of Appeal, the wife’s barrister argued that Judge Tolson had not made “proper findings of fact” and that his ruling should therefore be overturned.

He stressed that the “vast majority” of divorces are undefended, saying: “It is extraordinarily unusual in modern times for a court to dismiss a petition for divorce.”

The case continues.

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