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Pre-nuptial agreement set aside

Mr Justice Mostyn has delivered a judgment setting aside a pre-nuptial agreement drafted to benefit the heiress to the Avon cosmetics empire.

The parties in Ipecki v McConnell met in 2003 and began cohabiting in January 2005, marrying later that year. The parties agreed a restrictive pre-nuptial agreement which effectively sought to ensure any dispute was governed by the exclusive jurisdiction of the State of New York.

Despite obtaining legal advice setting out the terms of the agreement were particularly favourable to the heiress, Morgan McConnell, Anil Ipecki signed up to the terms of the pre-nuptial agreement. However, Mr Justice Mostyn attributed no weight to the agreement on a variety of grounds, including that the terms of the agreement did not meet Mr Ipecki’s financial needs, nor was it appropriate that the legal advice Mr Ipecki received had been from Ms McConnell’s former lawyer.

Mr Justice Mostyn eventually awarded Mr Ipecki £1,333,500, with £375,000 being subject to a charge back on a deferred sale of a property, before a clean break will then apply to the parties.

Commenting on the judgment, partner Philip Hunter said, “Dealing with pre-nuptials can be tricky and parties must be transparent, clear and open in their presentation of what they are seeking and expecting from a binding agreement. However, it is also vital to appreciate that this is a fluid and dynamic set up and there should be regular reviews of the agreement and adjustments made as necessary.”

Serving Bedford and the surrounding northern villages, together with clients in central London, our lawyers can help you with all your pre-nuptial agreement enquiries, together with all other family law and matrimonial finance 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.

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