Family Law Hub

Brack v Brack [2018] EWCA Civ 2862

Appeal by wife against decision of the judge to make an award based on needs where he felt 'straight-jacketed' by the existence of a valid pre-nuptial agreement.

  • The Court of Appeal concluded that judge

    "fell into error in concluding that, having found there to be an effective prenuptial agreement which did not meet the wife's needs, he was thereafter constrained to make an order limited to providing for those needs.". 

    The appeal also touches on issues surrounding a prorogation clause in the agreement that sought to give Swedish courts exclusive jurisdiction for pursuing maintenance. The Court found that there was no such valid clause. 

    Read the judgment on Bailii – full text here soon. 

Judgment, published: 24/12/2018


Published: 24/12/2018


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