The case of McFarlane returns with wife’s application for upward variation of maintenance – June 09

McFarlane v McFarlane was a case that went to the House of Lords in 2006.  In summary, the order made was that the wife (who had given up a highly paid career as City solicitor to care for the children) receive maintenance of £250,000 per year, £20,000 per year for each of the 3 children and school fees.  Since the original order the income of the husband (who had since remarried and had a child) increased from £750,000 per year to £1m per year.  Wife applied for an upward variation of her maintenance and husband sought a clean break.

The Court ordered periodical payments payable to the wife until 2015 based on percentages of husband’s income, rising if he earns more.

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