How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29021
Experience:  30 years experience representing clients.
17897874
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

Are Postnuptgial agreements legal and enforceable in

Customer Question

Are Postnuptgial agreements legal and enforceable in tennessee/
JA: Has anything been filed or reported?
Customer: FILED
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 1 month ago.
Category: Legal
Expert:  Loren replied 1 month ago.

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.

Expert:  Loren replied 1 month ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 month ago.
WHAT INFORMATION MUST A POST NUP HAVE TO MAKE IT ENFORCEABLE?
Expert:  Loren replied 1 month ago.

Thank you for following up.

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.

Customer: replied 1 month ago.
IF NO SPECIFIC ASSETS ARE IDENTIFIED IN THE AGREEMENT DOES THAT MAKE THEM ILLEGal?
Expert:  Loren replied 1 month ago.

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.

Please ask your follow up questions in this thread only.

Expert:  Loren replied 1 month ago.

Not necessarily, but it could throw those assets back into the negotiation fray. You really need to identify the assets to make it viable.

Customer: replied 1 month ago.
does that mean that the parties are required to identify certain assets or not?
Expert:  Loren replied 1 month ago.

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.

Customer: replied 1 month ago.
I am reviewing a post nup my wife signed with her former husband dufring their marriage but after she had filed for divorce and it does not specifically any assets but rather general information with no known values of anything>
Expert:  Loren replied 1 month ago.

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.

Expert:  Loren replied 1 month ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 month ago.
She filed because of finding child porn on his computer and then they decided to reconcile and then he presented the post nup agreement so they were not divorced.
Expert:  Loren replied 1 month ago.

A post nuptial agreement as a condition to reconciliation is a pretty common occurrence.

Expert:  Loren replied 1 month ago.

I will need to step into a meeting shortly. Did you have any further questions before I do?

Customer: replied 1 month ago.
when she filed for divorce after finding child porn on his computer a then she filed using that as the reason for filing her attorney never advised her that there was a statue of limitations for bringing this information forward to law enforcements nor did he ever tell her that her family inheritance was not a marital asset and thus she was billed for many conversations between the attorneys for discussion on this point> your comments . Should the attorney n ot be responsible for such advise??
Expert:  Loren replied 1 month ago.

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.

Expert:  Loren replied 1 month ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Expert:  Loren replied 1 month ago.
Are you still online with me?

Related Legal Questions