My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Generally, postnuptial agreements will be treated in the same manner as prenuptial and reconciliation agreements, meaning they are to be interpreted and enforced as any other contract. All contracts must be supported by adequate consideration, and agreements between spouses or potential spouses are no exception. Marriage itself is sufficient consideration for a prenuptial agreement. Similarly, reconciliation in the face of an impending separation or divorce may be adequate consideration. However, with a postnuptial agreement, the marriage itself cannot act as sufficient consideration because past consideration cannot support a current promise. Therefore, there must be consideration flowing to both parties as part of a postnuptial agreement.
Additionally, a postnuptial agreement must have built-in safeguards to protect from fraud, coercion or undue influence due to the confidential relationship between the parties to the contract. Tennessee Code Annotated § 36-3-501 requires that in order to be enforceable, prenuptial agreements must be entered into freely, knowledgeably, in good faith, and without the exertion of duress or undue influence.
Because postnuptial agreements should generally be governed by the same principles as prenuptial agreements, postnuptial agreements are favored by public policy and are construed liberally to give effect to the intention of the parties.
So basically if something was not given in return for signing the post nup (consideration) then it probably is not valid. If the contract is valid then it cannot be voided unless noth parties to the contract agree to void it and tear up the contract (you and your husband).
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