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Tennessee Postnuptial Agreement

A Tennessee postnuptial agreement is a legal document that married couples use to establish property rights and responsibilities if the marriage ends in divorce or death. Unlike prenuptial agreements, postnuptial agreements are signed after marriage.
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Signing Requirements

Both parties must sign the agreement.[1]

Laws

Contract: Postnuptial should be interpreted and enforced under general contract rules.

Scrutiny: Because of the confidential relationship between husband and wife, postnuptial agreements are subjected to scrutiny by the courts to ensure that they are fair and equitable.

Consideration: Consideration means some benefit received in exchange for making a promise, a requirement for a valid contract. With a postnuptial agreement, the marriage cannot act as sufficient consideration because past considerations cannot support a current promise. Therefore, there must be other considerations for both parties as part of a postnuptial agreement.