Today's Family Lawyer quotes Sarah Jane Boon on a recent Court of Appeal decision (Jenny Alzena Helliwell v Simon Graham Entwistle [2025] EWCA Civ 1055) emphasising transparency and independent legal advice for nuptial agreements
Recent court judgments on nuptial agreements have placed an emphasis on the importance of transparency and independent legal advice when it comes to the court’s ability to enforce them; with the latest Court of Appeal decision Jenny Alzena Helliwell v Simon Graham Entwistle [2025] EWCA Civ 1055 a further example.
Sarah Jane Boon, Family Partner, provides comment for Today's Family Lawyer on the decision:
This is a paradigm example of what can go wrong when due process is not followed at the time a pre-nuptial agreement is entered into. By not giving full and frank disclosure Ms Helliwell has, in effect, negated the pre-nuptial agreement that she had wanted to have in place to protect her wealth, and Mr Entwistle’s claim will be assessed as if the pre-nuptial agreement never existed. That will mean his needs are assessed, taking into account the standard of living the parties enjoyed during their marriage. This may well end up being a more generous award than could have been provided for had the pre-nuptial agreement been done properly, including stipulated provision for meeting Mr Entwistle’s needs.
Read the full piece in Today's Family Lawyer here.
