Egging on a pre-nup

Encouraging your future spouse to sign an English prenuptial agreement before you marry has always been a bit of a risk — as Jenny Alzena Helliwell discovered last week. Lawyers for her former husband Simon Graham Entwistle persuaded the Court of Appeal to set their pre-nup aside because she had deliberately failed to disclose nearly three-quarters of her personal wealth.¹

The couple’s divorce became notorious last year after Entwistle — arguing that he would now need to spend £26,000 a year on a “meal plan” — told Mr Justice Francis that he couldn’t even cook an omelette. After Entwistle had initially said that his former wife should pay £10 million to cover his financial needs, the exasperated judge awarded him £400,000 (and some culinary advice) less £75,000 costs.

Will this judgment have implications for other couples who have signed pre-nups? Do they need to get them checked for material disclosure now that this one has been declared ineffective? And will Entwistle end up with egg on his face if he keeps litigating?

In the latest episode of A Lawyer Talks I discuss these questions with Nicholas Bennett (pictured), a barrister who specialises in this area of family practice.

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