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Amongst many professional contributions to the discussion of this case is the quote : “The court’s decision is remarkable, particularly bearing in mind that Mrs Owens gave 27 examples of what she perceived to be unreasonable behaviour”. Matrimonial lawyers in particular seem to have scant regard to the fact that they are engaged in a legal process and ultimately however their case is pleaded it has to come up to proof. I attribute this oversight to the fact that in divorce cases the allegations very rarely reach a final hearing for judicial determination at which there is the prospect of the Court preferring the evidence of the other party (a common consideration for those engaged in general litigation but apparently not contemplated by matrimonial lawyers). In this case of the 27 examples only 4 were relied on at the final hearing and amongst other concluding remarks the Court found the examples relied on as being ‘flimsy at best’, ‘significantly exaggerated’ and ‘scarcely meriting criticism of the husband.’

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