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Wednesday, 1 February 2006, 16:03 GMT

Ex-wife in £250,000-a-year battle

Kenneth McFarlane The ex-wife of a businessman who gave up her career to raise their family is asking Law Lords to order him to pay her £250,000 a year for life.

Julia McFarlane wants her original divorce settlement reinstated, after a time limit of five years was imposed.

Her lawyer said the decision was discriminatory because it was based on financial need, not fairness to a wife who contributed towards their wealth.

Mrs McFarlane was also given the £1.5m home in Barnes, south-west London.

The Law Lords heard the couple had met at Durham University and lived together since they were 23.

"The order results in discrimination because it is completely based on needs"
Barry Singleton QC

Mrs McFarlane's QC, Barry Singleton, said she had had a successful career in the law, but in 1991 the couple agreed she should abandon it and look after their three children.

When the first divorce settlement was made, the judge said that the decision was an important feature in the case.

But Kenneth McFarlane, who earns more than £750,000 a year as a senior tax partner at an accountancy firm, appealed and the sum was reduced to £180,000 a year.

Mrs McFarlane took the case to the Court of Appeal, which re-instated the £250,000 maintenance payments, but to run for only five years.

Mr Singleton said that ruling was based on her financial need, not fairness to a wife who had made a big contribution to the joint wealth of the couple during a long marriage.

"The order results in discrimination because it is completely based on needs," he said.

"The Court of Appeal should have restored the order of the district judge."

The hearing continues.



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Related to this story:
Divorce settlement ruling sought (30 Jan 06 |  London )
£5m divorce payout row continues (28 Nov 05 |  London )
Husband loses £5m pay-out appeal (29 Jul 05 |  London )

RELATED INTERNET LINKS:
Her Majesty's Courts Service
Relationships - divorce and separation
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