Just like any other kind of legal contract a post nuptial agreement must be drawn up properly and following UK contract law. This is why it’s so important for both parties to get independent advice from their solicitors before entering into such an agreement. A specialist solicitor should draft your post nuptial agreement to give it the best chance possible of being adopted by the courts and make sure your provisions do not fall into any of the pitfalls which could cause them to conflict with existing law, such as ensuring the post nuptial agreement has future flexibility.
It is important that your post-nuptial agreement is reviewed regularly to make sure it is still meeting both parties’ needs and is still fair. For example, it would be important to review it if you have a child.
It is very important to make sure that you do not rush into any kind of post nuptial agreement. The process will take at least a month to complete (longer if you have significant overseas assets) and should not be rushed into without the correct legal advice for both parties and mutual financial disclosure as this can render a post-nuptial agreement invalid.