Hiding Assets Can Break Your Prenup – Lessons from Entwistle v Helliwell

Hiding Assets Can Break Your Prenup – Lessons from Entwistle v Helliwell

Summary

• Full honesty matters, as hiding assets when signing a prenup can mean the court will not uphold it.

• The Court of Appeal ruled that “general awareness” of someone’s wealth isn’t good enough and full details must be shared.

• Prenuptial agreements carry weight in England and Wales, but only if they’re fair and transparent.

• Courts will always look at the bigger picture under Section 25 of the Matrimonial Causes Act 1973, which focuses on fairness and the needs of each party.

Money and marriage can be a tricky mix. In my family law practice, I find more couples than ever are choosing prenuptial agreements (‘prenups’) to set out what happens to property and assets should their relationship break down. But as the case of Entwistle v Helliwell [2025] EWCA Civ 1055 shows, a prenup is only worth the paper it’s written on if both sides are completely honest about their finances.

This case is a good example of the impact of non-disclosure in prenuptial agreements and why full financial transparency is essential when entering into this type of contract.

Background to the Dispute

Mr Entwistle and Ms Helliwell married in 2019. Before the wedding, they signed a ‘drop hands prenup’, meaning that if they split, each would walk away with what they brought into the marriage and divide any jointly owned property 50-50.

The marriage was short-lived. When the relationship broke down, Ms Helliwell wanted to rely on the prenup. Her husband objected, claiming she had left out important details about her financial position, including substantial interests in her family’s businesses.

The court had to decide whether the missing information made the prenup unfair.

What Makes a Prenup Valid?

Prenups in England and Wales are not automatically legally binding, but courts usually uphold them if certain conditions are met:

• Both partners enter into the agreement freely and voluntarily.

• Each has independent legal advice.

• There is full financial disclosure, i.e no hidden bank accounts or “forgotten” investments.

• The deal is fair and doesn’t leave one person struggling financially.

The High Court Decision

At the first hearing, the judge said Mr Entwistle probably had a “general idea” of his wife’s financial situation, so the prenup still stood.

On appeal, the Court of Appeal applied Section 25 of the Matrimonial Causes Act 1973. Section 25 required the court to examine all of the following when deciding on a divorce financial settlement:

• The resources available to the parties in terms of both current and future capital and income.

• The financial needs of each party, considering the needs of dependent children and any disabilities.

• The duration of the marriage and the age of the parties.

• The conduct of the parties (but only in exceptional circumstances).

• The standard of living enjoyed by the parties.

• Any benefit either party will lose as a result of the divorce.

• The contributions of each party to the marriage (both financial and non-financial).

Because the court concluded that Ms Helliwell had not fully disclosed her financial position when the prenup was agreed, it focused on the husband’s needs and gave him a settlement based on fairness, not on the prenup’s terms.

What Can We Learn?

The case offers the following points to consider if you are thinking about entering into a prenup:

• No secrets: hiding money or assets will almost certainly undo the agreement.

• Get advice: both sides should have their own solicitor.

• Fairness rules: the court will always fall back on what’s fair, taking into account all the factors listed under section 25 of the Matrimonial Causes Act 1973. If the terms of the prenup mean upholding it would be truly unfair to one party, the court is likely to set it aside.

• Records matter: detailed disclosure statements are your best protection against allegations that you have not been open and honest.

Wrapping Up

Entwistle v Helliwell shows that honesty is non-negotiable when it comes to prenups. Courts in England and Wales will not uphold agreements signed without full financial disclosure. If you are entering a prenup, the safest path is total transparency, independent legal advice, and fairness.

FAQs

Are prenups legally binding in England and Wales?

Not automatically, but courts usually uphold them if they are fair, both sides had independent legal advice, and there was full financial disclosure.

What happens if someone hides assets when signing a prenup?

If a court finds there was non-disclosure, the prenup can be set aside and replaced with a needs-based settlement.

Can I challenge an unfair prenup in court?

Yes. If the prenup leaves you in hardship, or if there was no proper disclosure or advice, you can challenge it in court.

What does Section 25 of the Matrimonial Causes Act cover?

It sets out the factors courts must consider in divorce cases, including the needs and resources of each partner, the length of the marriage, and the welfare of children.

How can I make sure my prenup is valid?

Be honest about your finances, get independent legal advice, and make sure the terms are fair. A detailed disclosure statement is vital.

About the author

Emma Patel is a founding partner at Rosewood Solicitors. Emma is well versed in negotiating complex financial settlements as well as day-to-day financial disputes and deals with all divorce transactions, both large and small. She is also experienced in cases with complex cross-border disputes, prenuptial agreements, and expatriate divorces, as well as those that require an in-depth analysis of complex asset structures. In addition to her mainstream family law practice, she has a niche practice in Islamic Family law, including Islamic Divorce. Emma is also a member of Resolution.