A recent Court of Appeal decision has reignited discussion around a cornerstone of family law: full and frank financial disclosure. The case of Helliwell v Entwistle ([2025] EWCA Civ 1055) highlights how a failure to be open and honest about your finances, whether when signing a prenuptial agreement or during financial remedy proceedings on divorce, can completely unravel a legal settlement.
Background: a short marriage but a big dispute
Jenny Helliwell and Simon Entwistle were married for just three years. At the time of their 2019 wedding, Ms Helliwell was a multi-millionaire, with wealth we now know was between £60 and 70 million. Conversely, Mr Entwistle had less than £1 million to his name. The couple signed a prenuptial agreement on the day of the wedding, agreeing that each would retain their own assets and waive future financial claims.
Fast forward to divorce and financial remedy proceedings in 2022. Mr Entwistle sought £2.5 million, citing a needs-based claim which included £36,000 a year for flights and £26,000 a year for a meal plan. The High Court awarded him only around £325,000, sharply dismissing his lofty lifestyle expectations.
However, Mr Entwistle subsequently appealed and has been successful. The Court of Appeal found that Ms Helliwell had failed to disclose around £48 million of her wealth when the prenuptial agreement was signed, despite the parties having expressly agreed to give full disclosure, This therefore invalidated the agreement. The matter is now heading back to the High Court for reconsideration as if no prenuptial agreement existed.
The Judgment was clear, however, that this case was very much decided on its own facts. The Court found that there had been a clear agreement to provide disclosure which Ms Helliwell then failed to adhere to. The court’s approach to non-disclosure in cases where there is a pre-nuptial agreement is, however, unchanged. Prior to the making of any legislation in this area, the earlier case of Radmacher will continue be the leading case in that the Court will respect a couple’s autonomy and that whilst disclosure is desirable it is not essential and that is equally the case with legal advice.
So why does disclosure matter in prenuptial agreements?
Prenuptial agreements are increasingly respected in English law following the case of Radmacher v Granatino (UKSC 42, [2010] 2 FLR 1900 (2010)) but they only carry weight if certain conditions are met:
- Both parties entered into the agreement freely
- Each had the chance to take independent legal advice
- That there has been sufficient financial disclosure so that the parties have all the necessary information material to their decision to sign the agreement
In Helliwell v Entwistle, the Court of Appeal made it clear that a “material and deliberate” failure to disclose wealth, particularly when you’ve promised to do so, amounts to fraud. Lady Justice King ruled that Mr Entwistle had been deprived of the ability to make a properly informed decision.
Without transparency, a prenuptial agreement risks being set aside completely.
Disclosure during divorce: a legal obligation
Whilst, pending any change in the law, disclosure is “desirable” for prenuptial agreements to be upheld, it’s a legal obligation in all financial remedy proceedings under the Family Procedure Rules. This means each party must disclose:
- Income and employment details
- Bank accounts and investments
- Property, pensions, debts
- Trusts, business interests, and overseas holdings
- Inheritances, gifts, and any other relevant financial entitlements
This is usually done using a Form E, whether the matter is decided by the court or being negotiated outside of the Court arena. This is not a one-time formality, however, and the duty to disclose is ongoing: any significant change in circumstances must be updated until the final court order is made.
Courts treat dishonesty or omissions seriously. In past cases, financial orders have been set aside years later if material non-disclosure is uncovered.
Practical advice for clients
Whether you’re planning a wedding or steering the waters of a divorce, it’s important to bear in mind:
For Prenuptial Agreements:
- Start early – don’t sign on the wedding day if possible.
- Get legal advice on both sides.
- Disclose your full financial picture, including trusts and any future entitlements – hiding wealth can come back to bite you.
For Divorce:
- Be honest and thorough when completing Form E.
- Don’t hide assets – including pensions, cryptocurrency, or shares in family companies.
- If your financial situation changes, update the court and the other party promptly.
- If you suspect the other side is hiding something, speak to your solicitor – there are legal tools available to compel disclosure.
Final thoughts
Helliwell v Entwistle is a cautionary tale for anyone hoping to rely on a prenuptial agreement or negotiate a divorce settlement without full transparency. The courts will generally not uphold deals built on deception.
In family law, honesty really is the best (and safest) policy.
If you’re considering a prenuptial agreement or going through a divorce, contact our family law team today for expert guidance.
