The Court of Appeal’s decision in Helliwell v Entwistle [2025] EWCA Civ 1055 provides a clear warning, according to B P Collins’ family team. A failure to provide a full and frank disclosure, where that has been the intention of the parties, may result in a pre-nuptial agreement being set aside.
The Court reaffirmed the principles in Radmacher v Granatino [2010] UKSC 42, namely that pre-nuptial agreements should generally be upheld if they are freely entered into with a full appreciation of their implications, unless it would be unfair to hold the parties to them.
Here, however, the wife disclosed only £18m of her £66m fortune when signing a “drop-hands” pre-nup on her wedding day, omitting some £47m of assets. Although the agreement expressly stated both parties had given full and frank disclosure, this was plainly untrue.
At first instance, the judge dismissed the omission, reasoning that the husband knew she was very wealthy. The Court of Appeal disagreed, holding that deliberate non-disclosure invalidates the agreement, particularly where the contract itself records that full disclosure has been given.
The decision also stressed the importance of independent legal advice for both parties, ensuring they understand the terms and consequences of such agreements.
If you are considering a pre-nuptial agreement, it is essential to obtain specialist legal advice to ensure the agreement is both enforceable and a true reflection of your wishes and intentions.
For further information and advice, please contact B P Collins’ family team at enquiries@bpcollins.co.uk or call 01753 889995.
