RM v WP
[2024] EWFC 191 (B)
Mary Louise Charlotte Backstrom v Martin Carl Simon Wennberg
28 April 2023
[2023] EWFC 79
Family Court
A wealthy wife and her husband divorced. The husband didn't cooperate, so the judge mostly followed their pre-nuptial agreement, giving the husband money for housing and a bit of extra cash to help him get back on his feet, but not half of the wife's fortune.
Key Facts
- •Final hearing of cross-applications for financial remedies orders between Mary Louise Backstrom (Wife) and Martin Wennberg (Husband).
- •Parties entered into multiple marital agreements (Swedish cohabitation agreement, agreement disapplying community of property, English pre-nuptial agreement, and English post-nuptial agreement).
- •Wife's assets: £250 million.
- •Husband's assets undisclosed; Wife estimates at least £2.5 million based on available information.
- •Husband failed to provide financial disclosure and comply with court orders, resulting in findings of contempt of court.
- •Husband did not attend the final hearing.
- •Wife's open offer included £6.5 million housing fund, £50,000 annual child maintenance.
- •Husband's open offer sought 50% of Property B (£42.5 million), £30,000 monthly child maintenance, and £20,000 monthly spousal maintenance.
Legal Principles
Weight given to marital agreements; fairness considerations; needs, compensation, and sharing.
Radmacher v Granatino [2010] UKSC 42; Brock v Brock [2018] EWCA Civ 2862; CMX v EJX [2022] EWFC 136; WC v HC [2022] EWFC 22; Cummins v Fawn [2023] EWHC 830 (Fam)
Dealing with non-disclosure; drawing adverse inferences.
Moher v Moher [2019] EWCA Civ 1482
Child maintenance assessment; considering pre-marital agreements; standard of living.
Collardeau-Fuchs v Fuchs [2022] EWFC 135; Re Z (No.4) [2023] EWFC 25; James v Seymour [2023] EWHC 844 (Fam)
Outcomes
Marital agreements given full weight; Husband's claims for spousal maintenance largely rejected.
No vitiating factors; Husband failed to provide evidence; not a sharing case; Husband's assets and income potential considered.
Housing fund of £6.5 million awarded to Husband.
To meet Husband's and child's housing needs during child's minority; consistent with pre-nuptial agreement.
Capitalised spousal maintenance of £350,000 awarded.
To assist Husband's career development and transition to financial independence; acknowledges high standard of living during marriage.
Child maintenance of £120,000 per year awarded.
Based on assessment of child's needs and standard of living; considers Wife's offer and Husband's limited disclosure.