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Gales Solicitors look at whether you can still get divorced

Matthew Moore, Senior Partner at Gales Solicitors in Bournemouth looks at the recent case where a woman was denied her divorce. Like many women whose marriage has broken down she relied on the grounds of her husband’s unreasonable behaviour. For many years the courts have taken weak grounds for divorce and accepted them as satisfactory. However, it wasn’t to be this time!

The higher courts have confirmed that divorce, based on unreasonable behaviour, must show serious unreasonable behaviour and not just the trials and tribulations.  One Supreme Court judge described slightly this ‘as depressingly as just the sort of thing a married couple have to put up with.’ The unfortunate woman must now wait until she has been separated for 5 years which means she is unhappily tied to her husband for several years to come.

Matthew Moore, Senior Partner at Gales advised, “This case has implications for many would be divorcees – a spouse who doesn’t wish to divorce or is just being difficult can now block a divorce for many years.”

Continuing Matthew advised, “However, this will only apply to a tiny minority of cases. To defend a divorce an answer must be filed and several court hearings will have to be attended. Statements and other evidence will be required. Most spouses will not go through this so although the new case puts potential pitfalls into divorce proceedings, the number of cases affected is likely to remain small.”

Anyone wishing to seek advice around matrimonial law is advised to contact Matthew Moore at e:  t: 01202 512227

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