Brack v Brack
[2018] EWCA Civ 2862 where Eleanor King LJ said the following at paragraph [103]:-“Even where there is an effective prenuptial agreement, the court remains under an obligation to take into account all the factors found in s25(2) of the Matrimonial Causes Act 1973, together with a proper consideration of all the circumstances, the first consideration being the welfare of any children. Such an approach may, albeit unusually, lead the court in its search for a fair outcome, to make an order which, contrary to the terms of the agreement, provides a settlement for the wife in excess of her needs. It should also be recognised that, even in a case where the court considers a needs-based approach to be fair, the court will, as in
- JUDGMENT
- The relevant history
- The statements and expert reports
- The assets
- The Open Offers
- Wells
- The Law
- White v White
- K v L
- Miller/McFarlane
- Radmacher
- Kremen v Agrest
- Versteegh v Versteegh
- Z v Z (No 2)
- Brack v Brack
- Brack
- SJ v RA
- Duxbury
- The evidence I heard
- My findings as to the Marriage Contract
- The quantification of the assets
- £ 3,284,021
- The Wife’s needs
- £1,395,541
- Cross-check
- Ms D
- Child periodical payments
- CB v KB
- Conclusion
