Chambers News
Non-Disclosure in Financial Remedy Cases; lessons from MK v SK and Helliwell v Entwhistle
19 May 2026In this bite-size episode, two recent cases on non-disclosure in financial proceedings are examined by Petra Teacher
and Mark Ablett.
In MK v SK, the husband attempted to downplay the extent of his ownership in various companies and trust structures. A whiteboard note, seen by the wife, describing him as the "ultimate beneficial owner" of the group rather undermined his position. The judge, while finding the trust was a resource available to the husband, assessed needs more modestly than the wife had sought and was seemingly unable to undertake a sharing approach. Did the husband get away with “blue murder” as some have suggested?
In Helliwell v Entwistle, the wife left over 60% of her assets off the annex to a prenuptial agreement, having stated she had made full and frank disclosure, with the result that the PNA was disregarded on appeal. To what extent must we be cognisant of materiality in any non-disclosure case?
As Petra explains, both cases reinforce that honesty remains the cornerstone of financial remedy proceedings, even more so when you say you have been honest!