Family Court Upholds Prenuptial Agreement: Helliwell v. Entwistle, [2024] EWHC 740 (Fam)

In the case Helliwell v. Entwistle ([2024] EWHC 740 (Fam)), Mr. Justice Francis, presiding in the Family Division of the High Court, upheld a prenuptial agreement signed by the parties on the day of their marriage. The marriage lasted three years and was childless. The wife, Jenny Helliwell, with assets between £61.5 and £74 million, sought enforcement of the prenuptial agreement, which stipulated that each party would retain their own assets. The husband, Simon Entwistle, with assets of approximately £850,000, contested the agreement, citing inadequate financial disclosure and undue pressure. Despite recognizing some deficiencies in financial disclosure, the court found that the husband had received comprehensive legal advice and signed the agreement willingly. The court rejected the husband's initial financial claims, reducing his award to a £400,000 lump sum to meet short-term needs, consistent with the prenuptial agreement's terms.

Legal Issues:

1. Validity of the Prenuptial Agreement:

   • The husband challenged the prenuptial agreement on the grounds of inadequate disclosure and undue influence.

   • The court upheld the agreement, emphasizing that the husband, a well-educated individual, received proper legal advice and voluntarily entered into the agreement.

2. Assessment of Needs:

   • The court balanced the need to uphold the prenuptial agreement with ensuring that the husband's reasonable needs were met.

   • The court awarded the husband £400,000, which included sums for medical treatment, relocation, and short-term living expenses, but denied his claim for a property purchase.

3. 
   

Court's Analysis:

• Legal Advice: The husband was found to have received thorough legal advice, which included warnings about the implications of the prenuptial agreement.

• Financial Disclosure: While the wife's disclosure was not entirely complete, the court deemed the husband was aware of her substantial wealth and could not invalidate the agreement based on this ground alone.

• Conduct of Litigation: The court criticized the extreme positions taken by both parties, which resulted in significant legal costs, estimated at £1.2 million combined.

Judgment Summary:

The court ruled in favor of the wife, enforcing the prenuptial agreement while providing the husband with a modest sum to cover immediate needs. This judgment underscores the court's commitment to upholding freely entered prenuptial agreements, particularly in cases involving short, childless marriages with significant disparities in wealth.