‘My fiancé made me sign £11m prenup in hotel bed’
A MULTI-millionaire racing driver asked his fiancée to sign a pre-nuptial agreement – as they ‘relaxed in bed’ on a romantic break to Niagara Falls.
Retired IndyCar champion Kenny Brack, 52, and his estranged wife Anita, 51, are locked in a divorce battle over £11million worth of marital assets.
The couple had agreed three pre-nups in different countries as his career took them around the world.
Mrs Brack is asking the Court of Appeal to overturn a High Court decision two years ago allowing her husband to keep the bulk of the family fortune.
Mr Brack produced the first – shortly before they wed in 2000 – while the couple were ‘lying in bed, relaxing’ at a hotel in Niagara, Canada, his ex-partner told an earlier hearing.
The pair went on to raise their two children in a £3million five-bedroom country home with a swimming pool near Cookham, Berkshire.
When the couple, originally from Sweden, split after 15 years of marriage, Mrs Brack claimed half the family’s £11million wealth should be hers.
But a divorce judge rejected her claim for an equal share, concluding his hands were tied because she had signed the pre-nups in Canada, the United States and Sweden willingly. She was left with only £560,000. Mr Brack had told Mr Justice Francis he was ‘not bothered’ about marrying her and would have refused to do so had she not agreed to sign. They had been living together for six years prior to the marriage.
Yesterday Patrick Chamberlayne, QC, for Mrs Brack, challenged the judge’s ruling, telling the Court of Appeal he ‘made crucial errors of law’ when he rejected an equal division of assets.
Mr Chamberlayne told Appeal Court judges Lords Justices Lewison, King and Jackson that new email evidence has emerged since that proves Mrs Brack didn’t understand what she was signing.
He said: ‘The emails make clear the wife was telling the truth at trial when she said that, at the time she signed the agreements, the husband had told her that they would not govern the actual financial provision he would make for her.’
Martin Pointer, QC, for Mr Brack, argued Mr Justice Francis’s ruling was correct.
The hearing continues.