As has been widely reported in the National press this week, a woman who says she is "desperately unhappy" in her 39-year marriage is fighting a legal battle against a court's refusal to grant her divorce.

Tini Owens, 66, has asked the Court of Appeal to overturn a family court ruling, which said she couldn't divorce her husband Hugh Owens, 78 on the basis of his unreasonable behaviour.

The court at first instance, heard her case was that the marriage had broken down, but Mr Owens disagreed and said the couple still had a "few years" to enjoy. The case has now gone to the Court of Appeal and a decision is awaited.

Judge Robin Tolson QC ruled against Mrs Owens in the family court last year, concluding that her allegations were "of the kind to be expected in marriage" and refused to grant a divorce petition.

Three appeal judges, led by Sir James Munby, the most senior family court judge in England and Wales, analysed the case at a hearing in London on Tuesday.

Philip Marshall QC, representing Mrs Owens, told the court that the "vast majority" of divorces were undefended in 21st Century England.

He said: "It is extraordinarily unusual in modern times for a court to dismiss a petition for divorce."

If the appeal is not successful, Mrs Owens may be forced to wait until she and her husband have been separated for 5 years, unless he reconsiders his position.

Many family lawyers feel that this case highlights the need for divorce reform, as highlighted by Family Lawyers’ Association Resoluton, who are campaigning for the government to change to law and introduced no fault-based divorce.

The current law allows for the dissolution of a marriage based upon the ground of irretrievable breakdown of the marriage, which has to be evidenced on one of 5 possible factual grounds:-

1. 2 years separation with the other spouse’s consent,

2. 5 years separation,

3. Desertion,

4. Adultery,

5. Unreasonable behaviour.

So, if you have concluded that your marriage has broken down, unless you are prepared to wait for 2 years in an agreed divorce, or 5 years, or can establish your spouse has deserted you for a period of over 7 years and you do not know where he or she is, you need to have the grounds for a ‘fault based’ divorce often referred to as a ‘quickie divorce’, namely adultery or unreasonable behaviour.

Resolution feel that this area does need reform, as it does seem at odds with our modern society, and they are hoping that the Government will consider this issue some time this year. Watch this space.

* Ruth Hawkins is a Partner & Children Panel Member at Turpin & Miller LLP