This document contains several post-nuptial agreement clauses. The subjects addressed are: Guarantee of support payments and the purchase of a second house as one spouse's separate property. The husband agrees to purchase a second house as wife's separate property in exchange for her waiver of all interest in his business venture.
Tennessee Postnuptial Agreement Clauses
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FAQ
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.
Also known as antenuptial agreements, postnuptial agreements are permissible under Tennessee law as they are considered contracts. To be enforceable, the postnuptial agreement must be written with such specificity and detail so that vague language does not pose an issue.
Although all states allow you to revoke a prenuptial agreement, some do not allow you to modify the agreement after marriage, and a postnuptial agreement will have limited or no effect.
In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment. Instead, these issues will need to be settled outside of court or by a family law judge.
With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement.
What Is Typically Included In a Postnuptial Agreement?How the couple will divide property and other assets in the event their marriage ends.Whether one spouse will pay spousal support and how for long such support payments will be continued.More items...
A postnuptial agreement is a similar contract created between a married couple subsequent to the wedding. Tennessee family courts generally hold these agreements to be binding during divorce proceedings unless they are manifestly unfair or obtained by fraud or duress.