Just like couples who are not yet married can enter a prenuptial agreement prior to tying the knot, spouses who are already married can create postnuptial agreements to address all the same things as a “prenup” could. That said, though, drafting a postnuptial contract can involve different concerns and priorities compared to a prenup, and managing all those issues in a proactive and effective way is not something you should ever try to do alone.
If you or your spouse want to explore this option, scheduling a conversation with a Red Bank postnuptial agreements lawyer should be a top priority. From beginning to end of the drafting process, your dedicated family attorney could defend your best interests and ensure your final agreement respects both state law and your unique preferences.
While Tennessee state law is fairly generous when it comes to what matters state residents can address through prenuptial or postnuptial agreements, there are a few important restrictions worth knowing about. Most notably, spouses can include their preferred arrangements for child custody and/or support following a possible divorce in a postnuptial contract, but that directive would not be legally binding, as a court would still need to approve the arrangement before incorporating it into a formal order.
Outside of that, though, a postnuptial agreement can create binding agreements on just about any other legal matter that might come during divorce proceedings or following one spouse’s death, including:
Guidance from a capable Red Bank postnuptial agreements attorney could be key to determining what a specific agreement should address and drafting that contract accordingly.
On a basic level, a postnuptial agreement is only enforceable in Tennessee if it is in writing, signed by both spouses, and drafted free of coercion, fraud, or duress by or on either party. In the same vein, both spouses must fully understand what they are signing, meaning they must have time to read the final agreement, consider it thoroughly, and decide that signing it serves their best interests.
Most importantly, both parties both must have full knowledge of the other’s financial assets, interests, and liabilities during the drafting process, and failing to disclose anything could lead to the whole agreement being invalidated. Finally, both parties drafting a postnuptial contract in Red Bank should retain their own lawyers to ensure their rights are respected and personal needs addressed.
Postnuptial contracts are complex and sensitive documents, and while a well-written one can strengthen your marriage significantly, an incomplete or invalid one could have the opposite effect. Fortunately, help is available from knowledgeable legal professionals who know how to help people like you get the best results possible from this process.
A Red Bank postnuptial agreements could discuss your circumstances and possible options in detail during a private consultation. Schedule yours by calling today.