A Tennessee postnuptial agreement is a legal contract that a married couple signs to determine property rights and duties if the marriage ends in divorce or one spouse’s passing.
Unlike a prenuptial agreement, a postnup is signed by parties who are already married. This document can be beneficial, as they can consider their financial circumstances after entering marriage to determine the best way to divide property if they ever separate.
Legal Considerations
Title 36 of the Tennessee Code addresses domestic relations, including the creation of postnups. Case law also governs some of the stipulations surrounding these documents.
- Signing Requirements: A husband and wife should both sign a postnup (Bratton v. Bratton, 136 S.W.3d 595 (2004)).
- Dividing Property: Equitable division (§ 36-4-121).
Understanding Postnuptial Agreements in Tennessee
Validity Requirements
Case law plays a major role in determining the validity of postnups. The Bratton v. Bratton case highlights three main validity requirements:
- General contract rules: The involved parties and court should interpret and enforce the postnup under general contract rules.
- Consideration: Both parties must receive adequate consideration. Marriage alone can’t act as an adequate consideration because past considerations can’t endorse a current commitment.
- Scrutiny: A court can scrutinize a postnup to ensure it’s equitable and fair. Scrutiny is necessary because of the confidential relationship between wife and husband.
Asset and Property Rights
Property Ownership
- Marriage shall not impose any incapacity or disability on a woman to own, acquire, or dispose of property of any sort. [1]
- Once a woman marries, she has the same legal rights and capacities as if she were single.
- All of the statutes of limitation that apply against or in favor of a single, unmarried woman and her property shall apply and operate against or in favor of married women and her property.
Capacity to Contract
- A married woman may make a contract that will be enforced against her, but she must clearly state her intention to transfer land when dealing with her conveyances or any rights related to them. [2]
Marriage and Divorce
Separation Agreement
- A spouse who has grounds for divorce can file a complaint for legal separation instead of filing a complaint for divorce. [3]
Spousal Support
- In any action for separate maintenance, legal separation, or divorce, the court may demand that one spouse pay alimony to or for the benefit of the other. The court will determine the nature of the case and the parties’ circumstances to determine the alimony amount awarded. [4]
Marriage Solemnized Out of State
- If a Tennessee-issued license is used to solemnize a marriage in another state, the spouses will have the same status as if the marriage was solemnized in Tennessee. [5]
Estate Planning and Inheritance
Inheritance Rights
- The surviving spouse’s intestate share will be the entire intestate estate if there’s no surviving descendant. However, the surviving spouse will receive a child’s share of the entire intestate estate or one-third of the intestate estate, whichever is greater. [6]
