Post-Nuptial Agreements after Marriage and/or Infidelity in Tennessee

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. An actual belief that a divorce is pending is not required for a couple to enter into a valid Postnuptial Agreement. The same topics that can be covered in Prenuptial Agreements can also be covered in Postnuptial Agreements.

A Word of Caution

In situations where one spouse surprises the other with a Postnuptial Agreement and claims that the agreement is really for an otherwise benign reason, such as estate planning or tax avoidance purposes, be careful. Definitely obtain expert and independent legal advice. In this circumstance, the spouse receiving the proposal should never rely on the word of the proposing spouse or rely on the advice of the other spouse’s attorney. Rarely are these documents prepared in a vacuum. The other spouse may be making his or her first move as part of a very well thought-out marriage exit plan.