Nashville, TN family law attorney Anne Hamer talks about in what situations a couple should consider a postnuptial agreement. Postnuptial agreements pose a distinct challenge, Anne explains, contrasting them with prenuptial agreements typically made before marriage where the act of marriage itself serves as the legal consideration. However, with postnuptial agreements, where couples are already married, establishing consideration becomes more intricate.

Anne clarifies that Tennessee’s Supreme Court has recognized reconciliation as a valid form of consideration in postnuptial agreements. This means that if one spouse has filed for divorce or intends to do so and the other proposes terms to reconcile, such agreements can be upheld. Anne emphasizes the importance of having genuine reasons and intentions behind the agreed terms, such as a true intent to leave the marriage or evident steps towards divorce.

She advises against drafting postnuptial agreements without such clear reasons, like anticipating windfalls such as lottery winnings, as these lack the necessary legal basis for enforcement. Instead, Anne stresses that valid postnuptial agreements must have genuine consideration rooted in the dynamics and intentions of the marriage itself.