Prenups And Postnups Are All About Enforceability

Prenuptial (premarital) and postnuptial agreements are useful for protecting separate property, defining marital property, setting marital expectations and saving money in a divorce. These types of marital agreements are all about enforceability. You can write any terms that you like regardless of how unfair or unusual, but they have to hold up in court to be effective.

The attorneys at The Landers Firm, PLC, in Memphis are extremely knowledgeable of the laws regarding prenuptial and postnuptial agreements. Having both challenged and defended numerous prenuptial and postnuptial agreements in family court, our family law attorneys know how to draft one likely to hold up in court.

Five Common Reasons Prenups And Postnups Are Held Unenforceable

What can go wrong when drafting or signing an agreement? Below are five of the most common reasons a court could hold a prenuptial (or postnuptial) agreement invalid:

  1. Technical errors: This includes failing to put the agreement into writing, failing to sign the document or failing to include pertinent information or other administrative errors.
  2. Fraud or false information: Each party must fully disclose his or her financial situation before signing the agreement. Failing to inform your partner about all income, assets and liabilities or lying about their true value can be considered fraud.
  3. Coercion or duress: Someone cannot be pressured or threatened into signing a premarital agreement. Direct physical or verbal threats are not the only way to coerce. This can include forcing someone to sign without representation, refusing to let him or her read all of the terms or failing to allow enough time to consider the effect — like signing a prenuptial agreement right before the wedding.
  4. Contradictory to the law: You cannot use a prenup to eliminate some particular rights that a party may be entitled to under the law, such as child support.
  5. Significantly disparate treatment: Although prenups are most often used to protect property and financial interests, the terms cannot be so uneven that it would result in one party becoming a ward of the government.

Need To Draft An Agreement? Challenge Or Uphold One? We Can Help.

Whether you need to draft an agreement or your divorce in Tennessee involves one, we can help you. Call our office at 901-522-1010 or send us your contact information online to schedule your meeting with our lawyers.