Terms of pre-nuptial agreement considered unfair

Anita Bräck, former wife of McLaren F1 test driver, Kenny Bräck, has succeeded in her appeal against the terms of the financial settlement to the parties’ pre-nuptial agreement. The retired racing driver sought to rely on the terms of the document prepared in 2000, following the parties’ separation in 2015. The racing driver and his bride-to-be to signed the pre-nuptial agreement when they were ‘lying in bed, relaxing’ on a romantic weekend to Niagara Falls, prior to their December 2000 marriage.

Mr Bräck’s wealth is estimated at over £11 million. Mrs Bräck is now seeking that half the family assets should be shared, after the pair divorced following 15 years of marriage and two children. The ex-wife of the former- Indy 500 racing driver could be entitled to a £5 million divorce settlement after an appeal court ruled that the pre-nuptial agreement was “unfair.”

Issues in the case were further complicated by the production of two other pre-nuptial agreements, signed in other countries, following the parties six year relationship, prior to their marriage. Mr Bräck had indicated to the court that therms of the agreements were so important to him that had his wife-to-be refused to sign, she would have refused to marry her.
At the financial remedy proceedings in 2016, Mr Justice Francis told the parties, “I do not believe it to be fair, after a marriage of this length and with these contributions and these children, for the wife to be left with almost nothing and for the husband to be left with almost everything…The overwhelming majority of the assets were generated during the marriage…I have found that the wife did understand that she was signing a pre-nuptial agreement that would govern the financial consequences of the marriage if it ended…the court should accord respect to the decision of a married couple as to the manner in which their financial affairs should be regulated.”

Challenging this ruling, Mrs Brack claimed Mr Justice Francis ‘made crucial errors of law’ when he rejected an equal division of the family wealth. The wife was of the view that the judge had misunderstood the law relating to pre-nuptial agreements and as a result misdirected himself to the effect that, despite having found the pre-nuptial agreements to be unfair, he was precluded from making an award on a sharing basis, whether 50/50 or at all.

Serving Bedford and the surrounding northern villages, together with clients in central London, our lawyers can help you with your pre-nuptial agreement enquiries and any concerns you may have about preserving assets, together with all other family law and separation matters.  If you want to speak to one of our specialist solicitors about your divorce, matrimonial finances or available orders, contact us on 01234 889777 or 0207 177 9777 and speak with us today.

Leave a Reply