While some Tennessee couples who are planning to get married may take the time to draft a prenuptial agreement, not all couples do this before tying the knot. If the marriage later becomes troubled, however, the married couple may have the option to draft up a postnuptial agreement.
The difference between a prenuptial agreement and a postnuptial agreement is that the former is signed before the couple gets married. While prenup agreements often protect separate property that each person owned prior to the marriage, postnup agreements may help resolve issues that develop later on and may include agreements involving children, chores and even finances. This way, a person could potentially have a way to control certain behaviors that could be detrimental to a marriage, such as over-spending.
There are several criteria a judge may use to determine if a postnuptial agreement is valid. These criteria include whether or not all of the assets were disclosed in the agreement, whether or not there was any duress during the creation and signing of the agreement and whether or not the agreement is fair to both individuals. If the agreement does not meet one of these requirements, it might be found invalid.
Although postnuptial agreements may be an option, people who are considering marriage may want to investigate prenuptial agreements to protect themselves. It is important that each party has separate legal counsel when negotiating its terms. It is also important that it be signed well in advance of the wedding day, in order to combat a future charge that one of the parties was forced to sign it under duress.