Free Tennessee Postnuptial Agreement Template

A Tennessee postnuptial agreement is a written contract spouses sign during the marriage about property, support, or both. Tennessee’s rules for these agreements come mainly from its Supreme Court’s decisions.

Three Conditions from Bratton

In Bratton v. Bratton (2004), the Tennessee Supreme Court held that postnuptial agreements aren’t contrary to public policy. They’re valid if there’s consideration for the agreement, it’s knowledgeably entered into, and there’s no evidence of fraud, coercion, or duress.

Consideration Is Essential

The court found the agreement in that case invalid because it lacked adequate consideration. A 2013 Tennessee Court of Appeals opinion, quoting Bratton, explains that agreements between spouses must be supported by adequate consideration like any other contract.

Close Scrutiny

In a separate 2004 appellate decision quoting Bratton, the Court of Appeals explained that because of the confidential relationship between spouses, postnuptial agreements are subjected to close scrutiny to ensure they’re fair and equitable.

Treated Like Other Contracts

The 2013 opinion also notes that Bratton treats postnuptial agreements the same way as antenuptial and reconciliation agreements. They should be interpreted and enforced as any other contract.

What Counts as Consideration

As a general rule, consideration may be either a benefit to the promisor or a detriment to, or an obligation on, the promisee, according to that 2013 opinion.

Yes. Under Bratton, a Tennessee postnuptial agreement needs adequate consideration to be valid, and the Supreme Court refused to enforce one that lacked it.

So don’t treat staying married as the whole exchange. Instead, spell out what each spouse gives and receives, such as a transfer of property, a payment, or a new obligation. Clear consideration on both sides makes the agreement easier to defend. Each spouse should also understand the other’s finances, since the agreement must be knowledgeably entered into.

Take these steps for a Tennessee postnuptial agreement:

1. Spell out the bargain. State what each spouse gives and gets.
2. Share full financial information, so each spouse enters the agreement knowledgeably.
3. Avoid pressure. Keep the process free of fraud, coercion, or duress.
4. Get independent legal advice for each spouse.
5. Execute the final draft. Both spouses sign the same version.
6. Deliver the consideration. Complete any transfers or payments the agreement promises.

For a solid Tennessee agreement, include:

• Consideration clause — what each spouse gives and receives
• Financial disclosure — each spouse’s assets, debts, and income
• Property terms — separate and marital assets
• Support terms — if addressed
• Signature section — each spouse, with the date