Can an agreement be challenged, even if it fulfils all legal requirements?

Yes. The agreement can be set aside on a number of grounds, most notably where there has been a material change in circumstances relating to a child of the marriage. For a list of the main grounds go our summary of the law by clicking here.

Your solicitor should help you consider the various scenarios that may occur during your relationship and suggest provisions in your agreement that address those scenarios. For example, the party who has primary care for a child(ren) may receive a greater percentage of the assets on a marriage breakdown, such percentage could vary in the agreement depending on the number and age of the child(ren) as at the time of breakdown. Addressing possible outcomes will minimise the likelihood of tha agreeement being challenged in the future.