Divorce solicitors in Brighton, London and throughout the UK will read with interest the findings of Mr Justice Mostyn in the High Court hearing of Kremen v Agrest (Financial Remedy: Non-Disclosure: Post-Nuptial Agreement) [2012].

Mostyn J dismissed the post-nuptial agreement made by the couple, citing it as “grossly unfair”.
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The marital property agreement had been made and signed ten years after Boris Agrest, a Russian financier, and his wife were married and, so it is reported, it sought to limit Ms Kremen’s financial claims on divorce to around £970,000.

In making his ruling, Mr Justice Mostyn expressed a hope that it would bring an end to what he described as a “chronic and complex piece of matrimonial litigation”.

His judgment concludes that:

i) [Ms Kremen] did not freely enter into the agreement with a full appreciation of its implications. It was the product of pressure from [Mr Agrest] and there was a material absence of independent legal advice and disclosure.

ii) Moreover, it is doubtful that the parties ever actually intended that the agreement should govern the financial consequences of the marriage coming to an end.

iii) It would be grossly unfair to hold [Ms Kremen] to an agreement which deprived her of her fair share of a fortune to the formation of which she has, in her own way, equally contributed.

iv) Moreover, the agreement did not then, nor does it now, remotely meet her reasonable needs.

v) And the agreement grossly prejudices the needs of the children.

As a result, Mr Agrest was ordered to pay his ex-wife a lump sum payment of £12.5m. It was noted that £8.3m of this amount constituted maintenance.

To read the full judgment in the case please click here.