Legal Question in Family Law in Tennessee

Post nuptial agreement in place in the event of divorce

What could cause a post nuptial agreement notarized and signed by both parties to not be binding or upheld in court? Is there a limit on length of time agreement can apply? Can this agreement spell out how child custody will be shared and percentages of support to be paid by each? Will the court evaluate agreement and circumstances taking best interest of child into account?


Asked on 7/28/03, 2:25 pm

1 Answer from Attorneys

Misty D. Becker Rikard & Dobson, P.L.L.C

Re: Post nuptial agreement in place in the event of divorce

There are too many considerations that come into play with post-nupt's. Unfortunately, there is no clear answer and it is possible for the post-nupt to not be upheld by the court. As for child support and custody, the State of Tennessee regulates the support and provides a set of guidelines to go by when it comes to paying child support and setting visitation.

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Answered on 7/30/03, 1:11 pm


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