When Dishonesty Undermines a Prenup: Lessons from Helliwell v Entwistle [2025]
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Melissa Arnold
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The impact of dishonesty on prenups
The Court of Appeal has made clear that even the wealthiest clients must play fair, or risk having a nuptial agreement torn up.
Full and frank financial disclosure is the gold standard parties should aim for in a prenuptial agreement – but it is not strictly required. However, if non-disclosure is tainted by dishonest or deceitful conduct (or other unfair behaviour), the agreement can be overturned.
The Court of Appeal has ruled on the importance of transparency where a wife deliberately failed to disclose 74% of her enormous wealth before entering into the pre-nuptial agreement.
Helliwell v Entwistle [2025]: What happened in this case?
In Jenny Helliwell v Simon Entwistle [2025] EWCA Civ 1055, the parties (now in their early 40s) married on 12 July 2019 in the Seychelles. They signed a ‘drop-hands’ prenuptial agreement the same day. They agreed that if they divorced, each would retain their own assets and make no financial claim against the other.
Jenny was from a very wealthy family with assets in her sole name worth £60m-£70m. She worked for her father – a businessman with an extensive property and business portfolio in the Middle East. Simon’s net assets were valued at a relatively paltry £850,000.
By September 2021 the marriage began to fail and the parties separated around mid-2022. Financial proceedings commenced, and Simon argued that Jenny had failed to disclose approximately 73% of her wealth (more than £47m) and the prenup should therefore be set aside.
In February 2024, the family court found the wife to be honest and reliable in her evidence and upheld the prenup, but went on to award Simon a £400,000 lump sum on a needs basis.
Dishonest non-disclosure
The appeal judges have allowed Simon’s appeal. It ruled that the judge had erred in deciding that Jenny’s significant non-disclosure did not vitiate the agreement; and had mischaracterized her non-disclosure as an underestimation rather than a deliberate concealment.
When the family court considers the validity of a prenup, it must apply the principles set out by the Supreme Court in Radmacher v Granatino (2010), including consideration of any existing vitiating factors (eg fraud, duress or misrepresentation).
In this case, Jenny had “deliberately and fraudulently” failed to disclose the majority of her assets, including business interests and a property interest in her mother’s home. Her deceit was made all the worse because:
- The prenup contained a certificate signed by her lawyer that she had been given legal advice
- She had expressly stated to Simon that she had made full disclosure under the terms of the agreement
- He agreed to forego legal advice following Jenny’s disclosure to respect her privacy
Jenny had also unreasonably rejected an offer that she should not rely on the prenup and simply agree to an assessment of Simon’s needs under s25 of the Matrimonial Causes Act 1973.
The prenup would not be upheld and, in a subsequent hearing, Jenny was ordered to pay Simon’s costs. A further hearing will take place when an appropriate award reflecting Simon’s needs will be reassessed under the 1973 Act.
When does non-disclosure invalidate a prenup?
A prenup is likely to be upheld only if both parties entered into it freely, with full awareness of each other’s financial circumstances. In this case, the wife’s dishonesty went beyond a simple mistake, it was serious enough to undermine the whole agreement. The court saw it as fraud or misrepresentation, which meant the prenup could not be upheld.
Courts will assess whether:
- Full and frank disclosure was made;
- Each party received independent legal advice;
- The agreement was entered into voluntarily and without pressure;
- The outcome is fair in all the circumstances.
Related blog posts:
- Do I Have to Share My Inheritance With My Spouse?
- Women’s Divorce Rights
- How are pensions split on divorce?
- Are trusts protected on divorce?
How can we help?
This case serves as a powerful reminder that transparency and honesty are the cornerstones of any enforceable nuptial agreement. Whether you’re protecting personal wealth or seeking fair resolution, the divorce specialists at Osbornes Law are experienced in advising clients in financial proceedings where a nuptial agreement exists. Please contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811.
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