ANCILLARY RELIEF: S v S [2008] EWHC 519 (Fam)

19 MAR 2008

(Family Division; Sir Mark Potter P; 19 March 2008)

A settlement predicated on the reasonableness of the wife's desire to continue to care for horses, as she had done during the 10-year marriage, and which included a periodical payments order of £50,000 pa for joint lives was not unfair. So long as the husband's means were sufficient to permit him comfortably to accommodate the wife's desire to keep horses, it was fair in the circumstances for the wife to continue to enjoy what had been such an important feature of the parties' life together. However, if the husband were made redundant, or, as he had expressed a desire to do, retired, the horses would become an unjustifiable extravagance; the wife should plan accordingly.

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