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Good morning. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.
Yes, pre and post nuptial agreements are valid and enforceable in Tennessee. They can override important provisions of marital dissolution and alimony law. An actual belief that a divorce is pending is not required for a couple to enter into a valid post-nuptial Agreement.
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The most important thing, and where many fail, is if there is a failure on the part of one of the spouses to make a full disclosure and they hide assets.
Otherwise, they just need to recite that the parties are entering into the agreement freely and with an intent to enforce the terms in the event of dissolution or death.
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Not necessarily, but it could throw those assets back into the negotiation fray. You really need to identify the assets to make it viable.
By the way, the agreements are never "illegal". They would just be unenforceable.
They ARE required to identify those assets they wish to be covered in the post nuptial agreement. There also needs to be a full disclosure.
Then that agreement may be vulnerable to attack. But if they are already divorced then it may be too late since the final decree would supersede any agreement.
A post nuptial agreement as a condition to reconciliation is a pretty common occurrence.
I will need to step into a meeting shortly. Did you have any further questions before I do?
The attorney may be liable for malpractice if he did not advise her properly. She could file suit for the malpractice and recover money damages. I suspect when confronted, he would refund that portion of his fees or adjust any outstanding bill.
If he does not then she can file a claim.
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