A divorced property millionaire and his former wife squabbling over a £135 million fortune have spent £1.5 million on lawyers’ fees - but have only got as far as deciding where the case should be heard.

Jim Moore, founder of property education group Inside Track, wants a judge in Spain - where he now lives as a tax exile - to decide how much of his substantial riches should go to his ex-wife Kim.

But Mrs Moore, who lives in the UK, insists the case should be heard here. Today three judges at the Court of Appeal agreed with her, backing an earlier High Court ruling that Mr Moore had challenged.

In a colourful and occasionally caustic judgment, Lord Justice Thorpe said the dispute – that he noted had already cost around £1.5 million – was a “lamentable and grotesque waste of family resources”, as where the case was heard was irrelevant.

During an earlier hearing Mr Moore’s lawyers accused the millionaire’s 44 year-old ex-wife of “blatant forum shopping” – a reference to the assumption that she would do better out of the financial settlement if it were decided in the UK.

But the judge expressed incredulity at this, saying that it was “common ground between the parties, their Spanish lawyers and eminent Spanish experts that, if the Spanish court were to take jurisdiction to determine these issues, it would apply English law.”

The judge reminded Mr Moore that he had previously asked his barrister, Barry Singleton, QC, why he was so determined to have the case heard in Spain and that Mr Singleton “was unable to give any positive answer”.

Neither Mr Singleton, his junior barrister on the case, nor Mr Moore’s solicitors, Withers, would tell The Times what they hoped to gain from hearing the case in Spain.

Mr Moore, 46, described on his company website as a “dedicated family man”, originally offered his wife £6 million and a portfolio of Spanish properties to settle their divorce – an amount he claims was sufficient for her to maintain her standard of living.

They were divorced in a Spanish court in 2003 after five years of marriage and 15 years together, during which they had three children aged 16, 10 and 7.

Mrs Moore, who moved to Spain with her then husband in 2003, returned to the UK after their marriage broke up and began legal action to have the financial settlement decided in an English court.

Her lawyers are planning to argue - as others have done successfully in the recent past - that Mrs Moore is entitled to a half share of her husband’s fortune, which was largely built up during their time together.

If successful, Mrs Moore’s settlement would be among the largest ever received in the UK.

Her lawyer, William Longrigg, told The Times he hopes to settle the case before it reaches court again but if it does not, he will asking for a 50 per cent share of Mr Moore’s assets.

Mr Longrigg said his client has a good chance of achieving that figure because of recent cases and the fact that Mrs Moore was involved in setting up her husband’s business in its early stages.

Last year in a significant House of Lords ruling that other judges are obliged to follow, Sarah Miller was awarded £5 million, or around a quarter, of her fund manager husband Alan’s £20 million fortune.

Mrs Moore can expect an even greater percentage because in contrast to the Millers - who were only married for three years and had no children - the Moores were married for longer and have three children under 18.

Financial arrangements for the three children have already been settled. Mrs Moore is expected to ask for a lump sum settlement that will not include a share of her former husband’s future income.

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