The Impact of Non-Disclosure on Pre-Nuptial Agreements: Insights from Helliwell v Entwistle

In a landmark decision, the Court of Appeal in England and Wales addressed the critical issue of non-disclosure in pre-nuptial agreements in the case of Helliwell v Entwistle [2025] EWCA Civ 1055. This case underscores the importance of full and frank disclosure in pre-nuptial agreements and highlights the potential consequences of deliberate non-disclosure. The court's decision provides valuable insights for clients considering or currently bound by such agreements.

Case Background

The case involved a pre-nuptial agreement between the wife (W) and the husband (H), signed on their wedding day. The agreement stipulated that upon divorce, each party would retain their separate property, and jointly owned property would be divided equally. At the time of the agreement, W disclosed assets worth £18.2 million but failed to disclose additional business and property assets totalling £47.9 million. This non-disclosure amounted to 73% of her total wealth, which was estimated to be between £60-70 million, while H's assets were valued at £850,000. 

Court of Appeal's Reasoning

The Court of Appeal found that the trial judge, Francis J, erred in concluding that W's deliberate non-disclosure did not vitiate the pre-nuptial agreement. The court emphasised that while disclosure is not a strict requirement for a binding pre-nuptial agreement, as established in Granatino v Radmacher [2010] UKSC 42, the situation changes when parties agree to provide disclosure. In such cases, deliberate non-disclosure or misrepresentation can vitiate the agreement 

The court rejected W's argument that H was indifferent to her wealth. It was clear that H was deliberately deprived of the disclosure he was entitled to, and he was left without legal advice once the disclosure was made. The court found that W's non-disclosure was fraudulent and that her actions falsified her representation of full and frank disclosure in the pre-nuptial agreement recitals.

Implications for Clients

The decision in Helliwell v Entwistle reinforces the principle that full and frank disclosure is crucial in pre-nuptial agreements. Clients should be aware that any deliberate non-disclosure or misrepresentation of assets can lead to the agreement being set aside. This case also highlights the importance of obtaining independent legal advice when entering into a pre-nuptial agreement, as it ensures that both parties fully understand the implications of the agreement and the assets involved.

Conclusion

The Court of Appeal's decision in Helliwell v Entwistle serves as a cautionary tale for individuals entering into pre-nuptial agreements. It underscores the necessity of transparency and honesty in financial disclosures and the potential legal ramifications of failing to do so. Clients should ensure that they engage in full and frank disclosure and seek independent legal advice to safeguard the validity of their agreements.

Jamie Beland & Stephanie Glover