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The postnuptial agreement in Tennessee is a legal document that parties that have already entered the marriage use to determine their financial and non-financial relationship during the marriage. Besides that, the spouses can also use this document to determine how the property will be divided after the marriage.
The main difference between a postnuptial and prenuptial agreement lies in the moment the parties sign it. With a prenup agreement, the parties sign the document before they get married, while with a postnup agreement, they sign the document once they have already entered the marriage.
The main benefit of having a postnuptial agreement is that it can prevent potential disputes and misunderstandings between spouses and save them a significant amount of time and resources by preventing or shortening the divorce procedure.
Laws and Legal Requirements for a Postnuptial Agreement in Tennessee
The laws and legal requirements for a postnuptial agreement in Tennessee are outlined in the provisions of state law and court decisions, considering that Tennessee hasn’t adopted any uniform act regulating this matter.
One of the main court cases providing precedents for the legality of the postnuptial agreement in Tennessee is Bratton v. Bratton (2004).
Here, the court took the stance that “postnuptial agreements will be treated in the same manner as antenuptial and reconciliation agreements. That is to say, they should be interpreted and enforced as any other contract.”
Additionally, it stated that a prenuptial agreement does not require additional consideration because marriage itself is sufficient consideration.
Signing Requirements for a Postnuptial Agreement in Tennessee
The Tennessee postnuptial agreement must be made in written form. Moreover, both parties to the postnuptial agreement must sign the document.
Although the state law doesn’t explicitly require the notarization of the postnuptial agreement form, the spouses should still consider completing this step, as it additionally confirms its authenticity. The notary public will confirm both the identity of the spouses and the fact that they have personally signed the document.
Postnuptial Agreement Enforcement in Tennessee
The court can declare the Tennessee postnuptial agreement unenforceable if one of the spouses proves that:
Postnuptial Agreement Enforcement Conditions
They have signed the postnuptial agreement against their will, under pressure, duress, fraud, or other kind of manipulation of their free will
They didn’t have a chance to consult their legal advisor before signing the postnuptial agreement
The other party failed to make a full disclosure of their financial status before signing the postnuptial agreement
What Can a Postnuptial Agreement in Tennessee Cover?
The Tennessee postnuptial agreement template can cover multiple matters connected to the financial and non-financial relationships of the spouses.
The following are some of the most typical matters that a Tennessee postnuptial agreement template can regulate:
Provisions in a Postnuptial Agreement
The rights and obligations of each spouse in terms of their individual and marital property
Right to sell, buy, lease, mortgage, transfer, or manage the property acquired during the marriage
Agreement on how the property will be divided in case of marriage dissolution, separation, death, or any other similar event
Matters connected with spousal support, insurance, pensions, wills, trusts, and more
Choice of relevant law for the interpretation of the postnuptial agreement
Postnuptial Agreement in Tennessee: Validity Criteria
The Tennessee postnuptial agreement must fulfill the basic formality criteria to be considered valid. This means that it must be made in written form and that both parties must sign it.
Moreover, the validity of the postnuptial agreement also depends on the validity of the marriage. The parties can sign the postnuptial agreement at any time during the marriage. The parties can also sign multiple postnuptial agreements to regulate different matters.