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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. Property division is one of the primary concerns with a postnuptial agreement.
Tennessee courts interpret and enforce prenuptial agreements in the same way as any other contract. Generally speaking, prenuptial agreements address the division of property, such as land, buildings, retirement, cars, furniture, and bank accounts. Couples must finalize their prenuptial agreement before the wedding.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouses duties as a parent.
A properly prepared and executed postnuptial agreement can bind the parties regarding spousal support, inheritance rights, property division, and debt allocation. However, it cannot decide child support and custody; still, it can make divorce simpler when the parties already agree to necessary divorce decisions.
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Unreasonable Terms Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.
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.
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.
Voluntary Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
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. Property division is one of the primary concerns with a postnuptial agreement.

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