Postnuptial Agreement Attorney in Franklin

Family Law Representation in Franklin, TN Since 1988

A postnuptial agreement is a written contract signed after marriage that addresses property division, debt allocation, and financial responsibilities if the marriage ends in divorce or death. Tennessee treats these agreements as legally binding contracts governed by standard contract law principles. At Julia E. Stovall Attorney At Law, I’ve guided couples through family law matters since 1988, and I understand both what makes a postnuptial agreement useful and what it takes to make one stand up in a Tennessee court.

Couples in Franklin, TN, Brentwood, and throughout Williamson County come to my office when a significant financial change, a new business interest, or a need to formalize their understanding calls for something more than a conversation.

If you’re considering a postnuptial agreement, call Julia E. Stovall Attorney At Law at (615) 239-1374 to schedule a consultation. Remote appointments are available, and I’m accessible to clients around the clock.

Why Work with Attorney Stovall on a Postnuptial Agreement

As a certified Rule 31 Mediator, I help spouses work through postnuptial agreement terms cooperatively rather than adversarially. That matters under Tennessee law, which requires that a postnup be entered into knowingly and voluntarily by both parties. A mediation-informed approach supports that standard from the start.

I’ve been recognized as a “Family Law 10 Best Female Attorney” in Tennessee, and my practice reflects a commitment to understanding each client’s specific circumstances. A postnuptial agreement drafted without that understanding may not reflect what you actually need or may face challenges if it’s later scrutinized in court.

What a Tennessee Postnuptial Agreement Can Cover

A postnuptial agreement covers much of the same ground as a prenuptial agreement. The difference is that it’s created after the marriage has already begun. It can define how separate property and marital assets are divided, allocate responsibility for debts, include an alimony plan or a waiver of spousal support entirely, and set out how assets pass to the other spouse if one dies.

Because circumstances change, it’s worth building a modification or termination process into the original agreement. Both spouses can renegotiate or end the agreement later if they choose, but having a clear mechanism for that in writing can help reduce confusion down the road.

One important boundary: Tennessee law doesn’t allow a postnuptial agreement to predetermine child custody or child support. A family court judge makes those decisions based on the best interests of the children at the time of any divorce proceeding.

Tennessee’s Legal Standard: What Makes a Postnup Enforceable

The controlling authority is Bratton v. Bratton, decided by the Tennessee Supreme Court in 2004. Under Bratton, a postnuptial agreement isn’t against public policy when it involves adequate consideration, is entered into knowledgeably, and shows no evidence of fraud, coercion, or duress. Both spouses must sign in writing.

One distinction from prenuptial agreements: marriage itself isn’t sufficient consideration to support a postnup. The agreement must be supported by something beyond simply remaining married. Tennessee courts also apply heightened scrutiny to these agreements because of the confidential, fiduciary relationship that exists between spouses.

Disputes over postnuptial agreements, and the divorce actions that may follow, are filed in the Williamson County Circuit Court or Williamson County Chancery Court, which share concurrent jurisdiction over divorce matters in Franklin.

Ready to Draft a Postnuptial Agreement? Let’s Talk.

Drafting a postnuptial agreement is a process that benefits from careful attention on both sides. I work with clients individually, offer remote consultations for flexibility, and I’m available 24/7 when questions come up. Whether you’re in Franklin, Brentwood, or elsewhere in Williamson County, reach out to discuss your situation.

Contact Julia E. Stovall Attorney At Law at (615) 239-1374 to schedule your consultation.