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“TRAPPED IN A LOVELESS MARRIAGE” Alison Dukes, a family solicitor at AMD Solicitors reviews the Court of Appeal case of Owens v Owens.
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FAMILY LAW BIG HITTER JOINS BURGES SALMON’S FAMILY LAW AND DIVORCE TEAM The family law and divorce team at Burges Salmon appoints legal director Alison Hawes
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lison Hawes joined Burges Salmon as a consultant at the beginning of February, having previously been a partner in the family law team at Irwin Mitchell where she established and developed a team at the top of the market in Bristol and the South West. Prior to this, Alison was the head of TLT's specialist family team where she also had business development responsibility for its Private Business Group. She has been described in Legal 500 as “one of the most senior, able and respected solicitors on the circuit" and is ranked as a Star Individual in the Chambers UK Guide. Alison’s experience encompasses all aspects of family law, in particular financial cases involving complex assets including businesses. She has a niche specialism in cohabitation law, especially Schedule 1 Children Act claims. Alison is a Collaborative family lawyer and a member of both the Bristol POD and Resolution Alison says: “Burges Salmon’s family law team has an enviable national reputation and I am glad to join the firm to help the team develop its family business client-base across the South West.” This news follows the appointment of senior associate Nicky Howarth, also previously of Irwin Mitchell and TLT, who joined Burges Salmon’s family law team in November 2016. Burges Salmon’s family law and divorce team provides advice to clients both before marriage or living together and on separation or divorce. Its lawyers advise on the legal and financial implications of marriage, separation and divorce, cohabitation, civil partnership dissolution and arrangements for children. Burges Salmon is an independent UK law firm based in Bristol and London which delivers the best mix of advice, service and value. The firm won CSR Firm of the Year at last year’s Bristol Law Society Awards, and was shortlisted for Law Firm of the Year at the Insider South West Dealmakers Awards 2016. Burges Salmon, One Glass Wharf, Bristol, BS2 0ZX. Visit: burgessalmon.com or call: 0117 939 2000.
he 2017 Court of Appeal case of Owens v Owens has highlighted the difficulties that can arise in a fault based divorce system. In order to obtain a divorce a Petitioner has to prove that their marriage has irretrievably broken down by reference to one of five statutory factors. These are adultery, unreasonable behaviour, 2 years’ desertion, 2 years’ separation with the other spouse’s consent and 5 years’ separation, in which case consent is not necessary. Mr Owens was born in 1938 and Mrs Owens in 1950. They married in 1978 and separated in February 2015. The wife filed a petition three months later alleging that her husband had behaved in such a way that she could not reasonably be expected to live with him. She referred, amongst other things, to the husband having prioritised work over family, to having failed to provide her with love, attention and affection, to his mood swings and to his critical and undermining manner when speaking to her and about her. The husband indicated an intention to defend the divorce and the wife amended her petition to provide 27 specific examples of some of the behaviour detailed in her petition. At the hearing of the divorce in January 2016 the wife’s petition was dismissed and she then appealed to the Court of Appeal. It was argued on her behalf that the cumulative effect of the husband’s behaviour had worn her down, that she was unhappy and had been embarrassed and that she felt she could no longer live with the husband. By contrast, the husband viewed the wife’s allegations as “the stuff of every day married life”. The wife’s appeal was dismissed. Unless the husband will now consent to a divorce based on 2 years’ separation the wife is likely to have to remain married until she can issue proceedings again in February 2020. The result is that she will be unable to seek a resolution of all financial matters between her and her husband until that point, unless agreement can be reached in the interim. In my experience it is very rare for a petition to be defended, not least because of the cost of doing so and the publicity that may follow. Lady Justice Hallett, one of the Appeal Judges, said that she had reached her decision “with no enthusiasm whatsoever” while adding that it is a matter for Parliament to amend the law and to introduce “no fault” divorce, a step that Parliament has so far shown no signs of having the stomach for. For advice on divorce and other family issues Alison can be contacted by email at alisondukes@amdsolicitors.com or by calling 0117 9621460 to speak to Alison or one of AMD’s team of specialist family solicitors based at our office at 100 Henleaze Road, Henleaze, Bristol BS9 4JZ 100 Henleaze Road, Henleaze BS9 4JZ 15 The Mall, Clifton BS8 4DS 139 Whiteladies Road, Clifton BS8 2PL 2 Station Road, Shirehampton BS11 9TT © AMD Solicitors
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MAY 2017
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THE BRISTOL MAGAZINE 67