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AIBU

Woman refused a divorce by court.

(100 Posts)
tanith Fri 24-Mar-17 18:34:36

To think this is really unreasonable? I don't understand why a court would think its ok to force someone to remain in a marriage of 39yrs when she is clearly very unhappy and wants out.

www.bbc.co.uk/news/uk-england-hereford-worcester-39380779

Starlady Sun 16-Apr-17 05:11:06

Sad, very sad. But rules are rules.

jenpax Fri 14-Apr-17 11:39:59

She may still be able to claim housing benefit on a private rented property she would have to show that she was taking steps to force the sake of the marital home for its value to be disregarded as capital. She would possibly be able to claim pension credit too if she was on a low income.

Anniebach Mon 27-Mar-17 18:29:54

I know nothing of him Iam, no one here does he is being judged whilst the majority support her . Many People approaching eighty have a different view of divorce to someone in their sixties. I can see no reason for her to go back to the courts to appeal , only two more years , and she can divorce him, I do believe money is the reason but accept I could be wrong

Iam64 Mon 27-Mar-17 17:57:30

Maybe so Anniebach but in that case, what is in it for this man to insist on the marriage continuing. He can't be happy if he's cold, distrustful and unloving towards his wife, who wants them to be legally divorced. I accept that financially she's in a more secure and comfortable position than many other women in this situation may be but that doesn't mean she should have to continue in a marriage that makes her miserable.

Anniebach Mon 27-Mar-17 17:21:00

Not unusual to be cold,distrustful and seem unloving if your partner has had an affair

Lyndie Mon 27-Mar-17 15:05:58

Most of us have had our heart broken. You can't make someone want to be with you. The protection is dealt with by the law. Assets divided etc. Although we think and hope it will last, it's not until you actually spend time with someone, you know if you feel the person you are with enhances your life and you have that total connection you need to keep going.

Lilyflower Mon 27-Mar-17 15:04:46

What amazed me about the case was that the husband's behaviour was cold, distrustful and unloving and the judicial opinion was that a woman should expect this as a normal part of marriage. It is 2017, not the year dot!

Anniebach Mon 27-Mar-17 14:47:32

What if a husband or wife has developed an illness which means they need care, should the partner say - I am not happy I want out

Teddy123 Mon 27-Mar-17 13:41:37

An archaic law and the wrong judgement.

I'm glad she's wealthy and is one of the rare ones who could at least afford to move out.

She needs to entrap him with some sexy young woman. Get the photos. Job done! Money is power ...,,

Anniebach Mon 27-Mar-17 13:35:40

Anyone know, if he has money which she has no claim on unless he dies then it would go to her unless he willed it to a charity , could she be entitled to any of the money in a divorce settlement?

Riverwalk Mon 27-Mar-17 13:30:37

I suppose the judge thought the rules are there for a reason and she is hardly suffering so went with the letter of the law.

I agree radicalnan.

The law is to protect the many, not the privileged few as in the case of this woman.

vampirequeen Mon 27-Mar-17 12:58:44

What is point of marriage? I thought it was a commitment made by two people who loved each other. If the love has gone and one of them want to leave the marriage what is the point of forcing the marriage to continue to exist.

Anniebach Mon 27-Mar-17 12:57:07

I think the majority of couples getting married think it's for life, but most here think differently . Is it right thst if one decides they are bored and wants out but the other doesn't want out , only the wants of the bored one mstter?

I am not including adultery or domestic sbuse.

radicalnan Mon 27-Mar-17 12:56:08

Well she isn't being impeded by much is she, has a home she can live in and money, she may well be a widow and cop the lot before the divorce happens. Bit of a non story really. I suppose the judge thought the rules are there for a reason and she is hardly suffering so went with the letter of the law.

If everybody could just bunk off when it suited them what would be the point of marriage at all?

They seem to live independent lives quite comfortably and must just wait it out.

vampirequeen Mon 27-Mar-17 12:55:10

They don't live together and she wants a divorce but he reckons they have a few good years left. What is good about that sort of relationship?

He's refusing the divorce just because he can.

Legs55 Mon 27-Mar-17 12:51:42

When I was with my DD's F his wife would not agree to a divorce although he left her & their 4 children to be with me (a couple of years before my DD was born). She was spiteful & vindictive, after about 4 1/2 years she filed for divorce as she wanted to re-marry, reason cited was Adultery!!!!!confused

My DD was 4 when we eventually married, sadly although we had been together for many years we separated after 15 months (he left me for an older woman). I immediately started divorce proceedings for adultery, why should I have wanted to be tied to him, no maintainance ever paid but I managed to go back to College for 3 years & then met my DH, we were together nearly 23 years when he died.smile

I think this man is being vindictive & controlling, wealth & property is of no consequence

Rigby46 Mon 27-Mar-17 12:31:01

?????? Gobbledygook = would have taught. Why don't I preview?

Rigby46 Mon 27-Mar-17 12:29:43

Well ab just for an example - 3 of the Queen's children and her sister got married and clearly didn't believe in the marriage vows because they all got divorced. Personally of course I think they should all have been made to stay together for ever. That woyldchavevtsught them. Good post Ana

Ana Mon 27-Mar-17 12:12:26

I think that in a case like this the onus should be on the husband to give his reasons for not believing the marriage is over. He shouldn't just be able to refuse the divorce without a convincing argument. If they're not even living together how can be say it's still working?

Anniebach Mon 27-Mar-17 12:00:31

Where did it say the husband hated his wife?

If one doesn't believe in marriage vows - don't get married

Yorkshiregel Mon 27-Mar-17 11:51:12

Skweek1 I don't understand that. Surely their role is to sort out the mess, not advise about overcoming the problems.

To me if a marriage has broken down and both know it then there should be a clean break. No messing about waiting 5 years. There are controlling men everywhere, but don't forget women can be controlling too. Why should people have to stay together if they hate each other?

CardiffJaguar Mon 27-Mar-17 11:48:07

There are a number of well known conditions that can be put forward to obtain a divorce. This woman decided for reasons unknown (as yet) to use her own reason and that failed. She has no basis to complain as any solicitor would have advised her accordingly.

Yorkshiregel Mon 27-Mar-17 11:47:35

Anniebach, I agree. Perhaps 'Until one or other is unfaithful'?

I made sure 'Obey' was dropped and 'to love and to cherish' is what my vows said.

Yorkshiregel Mon 27-Mar-17 11:44:49

This judge comes from the dark ages. Why should any woman have to live with a man she does not like? If you think about it he could now claim that he is not getting his ration and that would be rape within marriage would it not?

Walk away I say. Do not tell him where you are going. Put the house up for sale.

Lyndie Mon 27-Mar-17 11:22:20

Faye. Totally agree. Why should their be a reason or fault for a divorce. People fall out of love. We live longer . Should we really expect to be the same people in our twenties and thirties as we are in our sixties and seventies. It would be purgatory having to still have contact with someone you have no feeling for and want to be free. Perhaps get your name back.