Financial Remedies Journal: Collardeau-Fuchs v Fuchs [2022] EWFC 6 (21 February 2022)

Collardeau-Fuchs v Fuchs [2022] EWFC 6 (21 February 2022)21 February 2022

Published: 22/02/2022 09:00

Polly Morgan | Case EditorPolly is the sole author of the textbook Morgan's Family Law (Oxford University Press 2021) and contributes the chapter on financial remedies to Lamont's Family Law (2nd edn Oxford University Press 2022). An associate professor at UEA Law School, Polly is also Director of the multi award-winning UEA Law Clinic. A solicitor and law firm co-founder, she now practises exclusively in the free family law advice clinic of Norfolk Community Law Service. She is a Transparency Project committee member, former Chair of collaborative pod Good Divorce Group Norfolk, and a former committee member of the Norfolk & Norwich Law Society and Norfolk Resolution.

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/6.html

Mostyn J.

Ultra high net worth couple. This judgment relates to W’s application for interim maintenance -- there was significant disparity (£99,000 per month) between the parties’ respective positions on quantum. Moylan LJ’s comments in Rattan v Kuwad [2021] EWCA Civ 1 that not all budgets required careful analysis did not prevent court, where huge sums were at stake, from applying fine sable rather than broad brush where it had ability to do so. In circumstances, W was entitled to interim maintenance at typical standard of living during the marriage, including for holidays and discretionary spending.

Background -- H was seeking to hold W to terms of prenuptial agreement and subsequent postnuptial modification, to be dealt with by preliminary show-cause hearing and evidence re whether agreements would be upheld in jurisdiction where they were drafted.