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3 important facts about post-nuptial agreements during divorce

On Behalf of | Jan 5, 2021 | Divorce

Going through a divorce is never easy, but uncontrolled emotional responses could make the process even more difficult.

Whether you have decided on your own that you want to file for divorce or have actually started discussing the end of your marriage with your spouse, you have the opportunity to maintain peace by setting terms before emotions reach the point of no return. A post-nuptial agreement can lead to a faster, uncontested divorce.

For couples considering divorce, the following three facts about post-nuptial agreements might convince them to create a post-nuptial agreement before they file.

The Tennessee courts do uphold valid post-nuptial agreements

While post-nuptial agreements are not as well-known as prenuptial agreements, they are increasingly common. Tennessee family court judges do uphold the terms that couples set in post-nuptial agreements. However, they are subject to the same kind of scrutiny and consideration that a prenuptial agreement would undergo.

If the document clearly only benefits one spouse, the judge may find it unconscionable and choose not to enforce it. If one party claims that they signed under duress or the document is the product of fraud, that could also potentially invalidate the agreement. In most other cases, judges will uphold appropriate terms set in such a contract.

Post-nuptial agreements can help you keep personal matters out of court

Problematic behaviors like compulsive shopping, substance abuse or even infidelity can lead to a divorce. Sometimes, they can also influence how a couple splits up custody or their property.

In a litigated divorce, details about personal failings and bad behavior might become part of the public record. If you discuss those issues while drafting a post-nuptial agreement with your spouse, your private matters don’t have to become public knowledge.

Post-nuptial agreements might give your marriage a second chance

If you feel frustrated by your spouse’s behavior or like you need to protect yourself, a post-nuptial agreement can be a way to minimize your ex’s impact on your future while also trying to preserve your marriage.

Your post-nuptial agreement might include consequences for bad behavior or rules that make gambling or shopping debts the responsibility of the person who incurs them. The act of negotiating these terms and working together might actually inspire you to make your marriage work despite the obstacles you currently face.

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