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Family Law Solicitor A recent Court of Appeal decision invalidated a couple’s prenuptial agreement after it was revealed the wife had concealed nearly £48 million of her £60 million fortune.
Now, instead of walking away empty-handed as the prenup stated, the husband could be entitled to a much larger financial settlement. The case serves as a stark reminder that honesty isn’t just the best policy – it’s the legal requirement when it comes to prenuptial agreements.
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The facts
Simon Entwistle, a chartered accountant, and Jenny Helliwell, an interior designer and daughter of a wealthy businessman, married in July 2019. On the same day as their wedding, they signed a “drop hands” prenuptial agreement—a deal where each keeps what they brought into the marriage, divides any jointly owned property, and waives financial claims against the other if they part ways.
Three years later, they did exactly that. Mr Entwistle requested £2.5 million, believing his wife’s net worth was about £74 million. She disagreed, pushed for the prenup to be enforced, and offered him just over £800,000.
Initially, the High Court supported her, ruling the prenup was valid and granting Mr Entwistle £400,000 to meet his essential needs.
But then came the twist.
Mr Entwistle appealed and succeeded. The Court of Appeal determined that Ms Helliwell had intentionally concealed approximately 73% of her assets, including:
- shares in private businesses;
- land in Dubai; and
- a 50% stake in her mother’s £3 million Wimbledon property.
Lady Justice King described her actions as fraud, rendering the prenup legally worthless. She also highlighted a last-minute email Ms Helliwell sent to Mr Entwistle on their wedding day, suggesting they omit financial disclosure entirely or have him waive his right to legal advice — a red flag if ever there was one. In her words:
“The husband had the worst of both worlds—no legal advice once disclosure was made and no honest disclosure to inform his decision making.”
The case is now back in the High Court, where Mr Entwistle’s financial needs will be reassessed—potentially resulting in a considerably larger settlement.
The lesson
Prenups can be powerful tools when executed properly. But this case reinforces the fact that:
- Prenups are not automatically binding in England and Wales.
- Judges have the discretion to override them – especially when there’s dishonesty involved.
To have any hope of holding up in court, a prenup must be built on:
- full and frank financial disclosure;
- independent legal advice; and
- fairness for both parties.
If either person hides assets or misleads the other, the agreement may be invalidated, potentially leading to costly legal disputes, emotional stress, and settlements that differ significantly from the original agreement.
To give your prenuptial agreement the best chance of success:
- Disclose everything: Be transparent about all assets, income, and debts.
- Seek independent legal advice: Each party should have their own lawyer.
- Don’t leave it to the last minute: Sign at least 21 days before the wedding – and ideally earlier.
- Keep it fair: Make sure it considers both parties’ needs and any future children.
- Review it regularly: Update the agreement every 5 years or after significant life events (children, inheritance, financial changes, etc.)
In short, a strong prenup relies on trust, not tricks. If you’re considering one – or reviewing an existing agreement – ensure transparency is at its heart. Because, as this case demonstrates, concealing assets can cost you much more in the long term.