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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.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.
The most important factors affecting the total fees are the size of the parties' estates, the number and complexity of necessary valuations of assets and/or business interests, and the detail and length of negotiations. The retainer can range from $5,000.00 to over $15,000.00.
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 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.
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 spouse's duties as a parent.
In Tennesse after marriage (and/or after infidelity), spouses may also enter into written agreements called Postnuptial Agreements. Like Prenuptial Agreements, in Tennessee and Arkansas Postnuptial Agreements can override important provisions of marital dissolution and alimony law.