The recent Court of Appeal case of Helliwell v Entwistle [2025] EWCA Civ 1055 serves as a reminder of the importance of full and frank financial disclosure when entering into nuptial agreements.

Whilst nuptial agreements are not automatically considered to be legally binding in England and Wales, since Radmacher v Granatino [2010] UKSC 42 they have been given increased weight unless there is a good reason not to follow the agreement. The ‘gold standard’ of pre-nuptial agreements requires the parties to have received independent legal advice, entered into the agreement freely and without duress at least 28 days prior to the wedding, and for both to have provided full financial disclosure. These are not all necessary for a nuptial agreement to be upheld, but do increase the likelihood of the agreement being upheld.

In Helliwell v Entwistle, the parties entered into a pre-nuptial agreement which was signed by the husband on the day of their wedding. Whilst the husband did receive some independent legal advice, this was limited and was provided prior to any financial disclosure taking place. The agreement was a ‘drop hands’ agreement, meaning that the parties were essentially agreeing that in the event of a divorce, any joint assets would be split and otherwise they would each walk away with the entirety of assets held in their sole names.

The wife disclosed assets of around £18,000,000, confirming within the agreement that she had provided full financial disclosure to the husband, and signing a statement of truth. Upon separation, she sought for the agreement to be upheld. However, it then became clear that she had only disclosed around 27% of her net total assets at the time of the agreement. The wife didn’t deny this but justified her decision not to disclose these assets primarily on the basis that they were assets placed in her name by her father as a form of inheritance planning, and that she believed that they remained his assets (though she knew they were in her name) and that she did not want to share his business affairs with her husband or third parties. Her true net worth was closer to somewhere between £61million and £74million.

Initially, the Court gave effect to the agreement, save for an award to the husband of a lump sum of £400,000 to meet his needs. The husband successfully appealed. The Court of Appeal found that ‘this was not simply a failure to disclose: the deliberate nondisclosure falsified and made untrue the wife’s express representation to the husband…that she had made full and frank disclosure of her financial resources.’ The Court will now have to consider the matter afresh without upholding the pre-nuptial agreement and properly account for the husband’s needs in accordance with Section 25 of the Matrimonial Causes Act.

The Court of Appeal’s view was that the fact that the agreement was not signed until the morning of the wedding would not have been sufficient in itself to negate the agreement. In addition, it appears that had the wife not provided any disclosure at all, this also might not have stopped the agreement from being upheld. The issue was that the wife had specifically told the husband, and signed the agreement, claiming to have provided full financial disclosure when in fact she knew she had not. She may now be required to provide a significantly higher amount to the husband. Had she provided honest full financial disclosure, the pre-nuptial agreement may well have been upheld notwithstanding the significant disparity in wealth between her and the husband.

If you are considering a pre-nuptial agreement, our specialist family lawyers can review your specific circumstances, and we recommend obtaining advice at the earliest opportunity.  We offer a free exploratory call so that we can match your specific needs with the right person in our family team.  For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford,  Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We are also proud to support Blue Light members and offer a discount on our initial fixed fee meeting.