The prenup, or prenuptial agreement as it is more formally known (the pre-marital contract that aims to set out how assets will be divided in the event of a divorce), is often cause for debate, and its validity is constantly evolving. The government is also considering reforms that will legally establish the rules around the use of these documents.
Although you typically only hear about prenups, or if there was a lack of one, in high-profile splits or celebrity marriage breakdowns, there are other cases which are crucial in paving the way for how the courts and family lawyers approach them.
The Case of Helliwell v Entwistle [2025] EWCA Civ 1055
A recent Court of Appeal judgment, Helliwell v Entwistle [2025] EWCA Civ 1055, offers valuable guidance for family lawyers and soon-to-be spouses alike.
This involves the case of a short, childless marriage and a prenuptial agreement that was signed on the day of the wedding in 2019. The prenup included a provision stating that neither party would make financial claims against the other. However, when the marriage ended in divorce, the Husband pursued a claim against the Wife, arguing that the agreement was fundamentally flawed due to non-disclosure, as it transpired that the Wife’s assets were significantly greater than he had realised.
When it was first heard at the High Court, the prenup was upheld, and the Husband was awarded £400,000, far short of his claim, and a costs order was imposed. However, the case was recently heard by the Court of Appeal, which overturned this decision, and remitted the case for reassessment of the Husband’s financial needs. Crucially, the Court of Appeal found that the Wife had failed to disclose a significant portion of her wealth, declaring just £18m of assets, when in truth they were closer to £66m at the time. Ultimately, the Court of Appeal concluded that as the Wife failed to frankly disclose the true extent of her assets, the prenuptial agreement entered into by the parties should not be upheld, as the Wife’s non-disclosure was fraudulent.
In her judgment, Lady Justice King re-emphasised established principles from Radmacher v Granatino and others: while disclosure isn’t strictly required for a prenup to be valid, deliberate misrepresentation or unfairness can render it ineffective. The Husband’s lack of time to consider the agreement and advice against signing were also key.
Key Factors in Robust Prenups
The case serves as another cautionary tale, one that both spouses and legal professionals should take heed of. A prenuptial agreement remains a valuable tool for protecting assets, but only if executed correctly, with time, advice, and full and honest disclosure.
If not, the agreement may ultimately be ineffective and not worth the paper it is written on.
Prenuptial Solicitors
Our family law solicitors can provide straightforward guidance and support in navigating the complexities of family law, including prenuptial and postnuptial agreements.
Whether you’re drafting a new prenup or reviewing an existing one, our expert family law solicitors are here to help. Talk to our specialist Family Law team via the links below.
Previous articles:
Outdated Fairness? Rethinking How Courts Weigh Conduct in Financial Settlements
Why a Prenuptial Agreement Could Be a Smart Choice for Your Marriage
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
