Pre-Nuptial Agreements are becoming increasingly important and common when individuals decide to get married. The thought of entering into a Pre-Nuptial agreement before your big day may seem completely unromantic, but they can be the most important document that you sign before your wedding day.
A Pre-Nuptial Agreement allows parties to outline the distribution of assets in the event of separation or divorce. It can mean clear guidelines are set out, so that matters such as pre-marital assets, business interests, inheritance, and other assets of value are safeguarded, which can then reduce the potential disputes between parties should the marriage break down. Pre-Nuptial Agreements can also make provision regarding future assets, to ensure that they are preserved for the wellbeing of the spouses and any future children, offering financial security.
Radmacher v Granatino
Following the case of Radmacher v Granatino, which sets out how the Court now tends to approach Pre-Nuptial Agreements, the Court now generally starts from the point of why a Pre-Nuptial Agreement should not be followed, rather than why it should be. The criteria that the Court wants to see as a minimum is that parties are not under any duress to sign the Pre-Nuptial Agreement and as a result, it requires the documentation to be finalised and signed at least 28 days in advance of the wedding. Also, there needs to be financial disclosure of the parties’ assets and the parties must have legal advice in respect of the agreement and it must be an enforceable contract. In addition, review clauses are inserted into the document to take account of the situation whereby things can change over a period of time.
Entwistle v Helliwell:
There has been much discussion between family lawyers in relation to the recent case of Entwistle v Helliwell and the impact that this case will have on the preparation of Pre-Nuptial Agreements. On the day of Mr. Entwistle and Mrs. Helliwell’s marriage in 2019, they signed a “drop hands” Pre-Nuptial Agreement – each would keep what they brought into the marriage, jointly owned property would be split 50/50 and neither of them would make a claim from the other. Their Pre-Nuptial Agreement included reference to them both having given “full and frank” disclosure (as is one of the criteria referred to above under Radmacher). The reality was, however, that they did not. Mrs. Helliwell’s appendix attached to the Pre-Nuptial Agreement disclosed assets of circa £18m. She missed £47.8m in business and property assets. The High Court upheld the Agreement and found that Mr. Entwistle knew that Mrs. Helliwell was wealthy and had taken legal advice. Mr. Entwistle appealed. The Court of Appeal’s Judgment found that Mrs. Helliwell’s non-disclosure was fraudulent – she knew that she had not included and disclosed assets that were hers, had spoken to her father about them and consciously chose not to list them, excluding millions. The appeal was allowed and the Court of Appeal set aside the Order upholding the Pre-Nuptial Agreement and remitted the case to be reheard.
What does this tell us?
When entering into Pre-Nuptial Agreements, the following needs to be considered:
- Full and frank financial disclosure is essential – include all assets and be fully transparent.
- Seek independent legal advice.
- Do not leave your Pre-Nuptial Agreement to the last minute. We recommend that you start discussions at least 6 months before the wedding.
- Review your Pre-Nuptial Agreement and ensure that there are review clauses included in the Pre-Nuptial Agreement.
It should be noted that at the time of drafting this blog, an appeal has been lodged with the Supreme Court and an updated blog will follow in due course…
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Author: Fay Jones
Published: 29.10.25