Tennessee Postnuptial Agreement

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Updated August 07, 2022

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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, which are signed before marriage, postnuptial agreements are signed after marriage. Tennessee also recognizes “reconciliation agreements” to prevent a divorce that the couple had otherwise considered.

Signing Requirements (Bratton v. Bratton (2004)) – Both parties must sign the agreement.

Laws

Contract: Postnuptial should be interpreted and enforced under general contract rules. Bratton v. Bratton (2004).

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. Bratton v. Bratton (2004).

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. Bratton v. Bratton (2004).