Video Summary:

Postnuptial agreements are complex legal contracts because they are signed after marriage, meaning they require valid legal consideration to be enforceable. Unlike prenuptial agreements, which are based on the agreement to marry, a postnup must have a legitimate reason for being signed. Tennessee courts have ruled that reconciliation after a divorce filing can serve as valid consideration—where one spouse agrees to stay in the marriage under certain financial terms. However, a postnup cannot be used arbitrarily, such as one spouse demanding a share of newfound wealth without a legal basis. Courts will only uphold postnuptial agreements if they meet strict legal and fairness standards.

Video Transcript:

Postnuptial agreements are among the most complex contracts I draft, primarily because they are created after marriage, making their enforceability more difficult.

With a prenuptial agreement, the legal consideration is clear—both parties are agreeing to certain terms in exchange for getting married. However, once a couple is already married, the act of marriage alone is no longer valid consideration for a contract. This raises the question: What makes a postnuptial agreement enforceable?

Tennessee’s Supreme Court has ruled that reconciliation after a divorce filing can serve as valid consideration. For example, if one spouse intends to file for divorce but the couple agrees to reconcile under specific financial terms, this can make a postnuptial agreement legally binding.

However, postnups cannot be used arbitrarily. A spouse cannot simply demand financial benefits, such as claiming half of a lottery win, without a legally recognized reason for the agreement. Courts require evidence that both parties entered into the agreement willingly and with a valid purpose.

Because postnuptial agreements are highly scrutinized, they must be carefully drafted and reviewed by an experienced attorney to ensure they are legally enforceable.