Tuesday 21 February 2017

Divorcees don't need to afford lifestyle they were accustomed to in marriage, Court of Appeal judge says as he rules against ex-wife

Divorcees do not need to be able to afford the lifestyle they were accustomed to in marriage,
a Court of Appeal judge has suggested as he rejected an ex-wife’s bid to increase her settlement.

Katriona MacFarlane claimed that she had not been awarded enough to buy a home similar to the
£1million country cottage she shared with Dr James MacFarlane, 74.

The 58-year-old also claimed she was owed compensation for “abandoning” her teaching career to
be “looked after” by the millionaire.

The judge was correct when he said the previous standard of living is a guide, but not
completely determinative Mr Justice Moylan

But a Court of Appeal judge on Monday rejected her claims and said the previous living standards
of a couple were only a guide when it came to how much an ex-wife or husband deserves.

Mr Justice Moylan said he did not agree that “need should be met at a level similar or comparable
to the standard of living during the marriage”, as this standard was only one factor.

Referring to a previous hearing at a divorce court in Nottingham, where Judge Mark Rogers
similarly rejected Mrs MacFarlane’s claims, he added: “The judge was correct when he said the
previous standard of living is a guide, but not completely determinative. There is no prospect of the judge's assessment of housing need being shown to be wrong."

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