Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Read on

Appeal court rules McLaren driver's prenuptial deal is 'unfair'

Date:23 NOV 2018

The ex-wife of a McLaren racing driver could be entitled to a £5 million divorce settlement after an appeal court ruled that a 18-year old prenuptial deal was “unfair."

Anita Brack, 51, signed agreements in 2000 with Kenny Brack, 52, a test driver for McLaren, that left her with £500,000 when they separated in 2015. According to The Times, his wealth is estimated at £11.4 million. 

Mr Justice Francis told the High Court in 2016 that Mr Brack was “mean spirited” but honest. He suggested that Ms Brack take her case to Sweden, as both are Swedish nationals.

However, an appeal court ruled yesterday that a prenuptial deal was “unfair." 

In a response to the ruling, Jay Patel, partner at Lincoln's Inn firm Hunters Solicitors, told LexisNexis that "the Court ultimately retains discretion as to what amounts to a fair settlement." 

He added that "this is the reason why considerable care and skill is required in arriving at a figure which not only meets the reasonable financial needs of the financially weaker party but also allows them to receive a fair share of the overall assets."

Family Law Awards 2022
Family Law Awards 2022
Entries open!
Bankruptcy and Divorce: A Practical Guide for the Family Lawyer
Bankruptcy and Divorce: A Practical Guide for the Family Lawyer
Explains the impact on ancillary relief of...