In this highly unusual case, the Court of first instance refused to grant the petitioner wife a divorce from her husband of 39 years.The husband did not agree that the marriage had broken down, stating that the couple still had “a few years” to enjoy.
The wife duly appealed the decision and the matter came before the Court of Appeal.
The President of the Family Division, Sir James Munby, and one of three appeal judges hearing the case, stated that "it is not a ground for divorce if you find yourself in a wretchedly unhappy marriage - people say it should be".
Judgment is reserved.
Surely this is further testament that our antiquated fault based divorce system is long outdated and in need of upheaval.
"It is extraordinarily unusual in modern times for a court to dismiss a petition for divorce."