An enforceable prenuptial agreement can make ending a marriage much simpler. Instead of fighting over who gets what with respect to property division or who should pay whom how much support (if any) — the agreement spells it all out. In fact, the only terms subject to judicial approval in a valid prenuptial agreement are those relating to the custody, care and support of minor children. Add it all up, and these agreements can save everyone a great deal of aggravation, time and expense should the marriage end in divorce.
If you’re already married, but you don’t have a prenuptial agreement — you’re not out of luck. You can still address property division concerns and other issues with a postnuptial agreement, which can also be a legally binding document but is more susceptible to being challenged in some states, including Tennessee.
At least one member of the American Academy of Matrimonial Lawyers says that postnuptial agreements are becoming more and more common in American marriages. In many cases, couples seek to enter into these agreements because there is already some strife or tension in the marriage and they are worried about the possibility of a divorce.
It’s not always the fear that things will get worse that drives people to consider this option. Happy couples who simply want the security and peace of mind offered by postnuptial agreements are choosing this option as well.
As we noted above, postnuptial agreements receive greater scrutiny from Tennessee courts than prenuptial agreements and are more susceptible to being successfully challenged for various reasons. For these reasons and more, it is important for anyone who wants a postnuptial agreement to address property division concerns or other divorce-related matters to hire an attorney who has experience with these contracts before moving forward.
Source: ABC 7, “Postnuptial agreements becoming more common, signed after couples get married,” Ric Romero, Aug. 29, 2012