Jurisdiction(s):
United Kingdom

Fraudulent non-disclosure vitiates pre-nuptial agreements: Helliwell v Entwistle [2025] EWCA Civ 1055; Stage 1 vitiating factors first; s 25 MCA reassessment ordered (England and Wales)

Published on: 14 August 2025

Published by a LexisNexis Family expert

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Article summary

Helliwell v Entwistle [2025] EWCA Civ 1055

What are the practical implications of this case?

This decision underscores how vital it is for both parties to make full and candid financial disclosure when negotiating a pre‑nuptial agreement, especially where the document states that such transparency will be provided yet one or both do not fully comply. It further makes clear that, before asking whether the parties ought to be held to the bargain, the court must first examine whether any vitiating elements exist, including duress, fraud, or misrepresentation. Where any such factor is found, the agreement should not stand.

What was the background?

The couple were in their early forties. The husband had been married before and had no children. He met the wife in 2016 and they married in July 2019. At that point, he worked at PWC as a chartered accountant, earning £120,000 a year. His net wealth was about £850,000, of which roughly £500,000 was equity in a property co‑owned with his parents. The wife was employed by her father within the family business. She had not previously married. Her family possessed substantial wealth...

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