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Amending a Pre-Nuptial Agreement Post-Marriage

IMD Solicitors LLP provided a bespoke single solicitor service to assist an amicable couple in amending a pre-nuptial agreement into a post-nuptial agreement, involving high net worth (HNW) foreign assets. The parties wished to formalise new terms that reflected changes in their personal and financial circumstances after marriage, and they sought to do so cooperatively and cost-effectively.
Using a single solicitor for agreed family matters in England and Wales can offer significant benefits, especially where there is mutual trust between the parties and no conflict of interest in legal representation.

Case Background

• Parties: Married couple, both professionals with international ties
• Original agreement: A pre-nuptial agreement signed before marriage, covering property, business interests, and personal assets
• Post-marriage developments: Acquisition of new foreign assets, including shares in a privately owned company and high-value art collections
• Jurisdiction: England and Wales, with cross-border considerations
• Objective: Convert and update the pre-nuptial agreement into a post-nuptial agreement reflecting current circumstances
• Approach: Joint instruction of a single family representative from IMD Solicitors LLP under appropriate safeguards

Legal Framework and Context

Pre-nuptial and Post-nuptial Agreements in England and Wales
In England and Wales, pre-nuptial agreements and post-nuptial agreements are not automatically legally binding but are given weight by the courts, particularly since the landmark case of Radmacher v Granatino [2010] UKSC 42. To be upheld, an agreement must usually be:

• Entered into freely and voluntarily by both parties
• With a full understanding of its implications
• Fair in the circumstances prevailing at the time of enforcement

A post-nuptial agreement may be preferable where significant changes occur after marriage, such as the birth of children, acquisition of substantial new assets, or changes in the location of marital property.

Why a Single Solicitor Service Was Appropriate

The couple approached IMD Solicitors LLP jointly, having reached broad consensus on the terms of their revised agreement. As experienced family law practitioners, we carefully assessed whether the single solicitor model could ethically and effectively apply to their situation.
A single solicitor can only act where:

• Both parties are fully informed and agree
• There is a high degree of mutual trust and cooperation
• There is no conflict of interest

The solicitor’s role is to advise on and draft the agreed legal documents, not to negotiate on behalf of either party. Both parties were advised of their right to independent legal advice and signed acknowledgements confirming their informed consent to a single solicitor approach.

Scope of Work Carried Out by IMD Solicitors LLP

Initial Consultation and Document Review
We held a joint consultation, reviewing the existing pre-nuptial agreement and identifying areas requiring amendment.

Disclosure of Financial Position

Both parties had provided full and frank financial disclosure, including valuations of business interests and foreign-held artwork. This step was essential to demonstrate transparency and fairness.

Advice Regarding Drafting the Post-Nuptial Agreement

Advice regarding the new post-nuptial agreement was  provided to reflect:

• Amendments to asset ownership and distributions
• Updated provisions relating to non-marital property
• Jurisdictional considerations for foreign-held assets
• Review clauses to ensure relevance over time

Legal Explanation and Confirmation of Understanding

Our team explained explained the implications of any such agreement in clear terms to both parties. This was documented, and both parties confirmed their understanding.

Legal and Practical Insights

The benefits of using a Single Solicitor in Agreed Family Matters

• Cost-efficient: Shared legal fees for preparation and drafting
• Efficient: Streamlined communication and quicker turnaround
• Neutral guidance: Parties receive impartial explanation of the legal process
• Preserves goodwill: Ideal for cooperative parties who wish to avoid adversarial proceedings

Important Considerations

Not suitable for all: Where there is imbalance, dispute, or suspicion of coercion, separate representation is essential
Not a substitute for all advice: While explanation can be given, each party should understand they may still obtain independent legal advice if they wish

Conclusion

A post-nuptial agreement is a practical solution where marital and financial circumstances change after marriage. Parties with HNW foreign assets, such as international business interests or art collections, can benefit from careful drafting that considers cross-border legal implications. Where both parties are in agreement, a single solicitor service can provide a cost-effective, neutral, and efficient way to formalise their intentions — provided all ethical and procedural safeguards are in place.

Speak to IMD Solicitors LLP

If you and your partner are seeking a cost-effective and amicable way to amend your pre-nuptial agreement or draft a post-nuptial agreement, contact IMD Solicitors LLP to discuss whether our single solicitor service is suitable for your circumstances. We specialise in assisting international families and HNW individuals in complex, cross-border family law matters with clarity, discretion, and efficiency.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

To find out more about our services, visit Post and pre-nuptial agreements section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.