Postnuptial Agreements in Tennessee
Tennessee enforces postnuptial agreements under case law — principally Bratton v. Bratton (Tenn. 2004) — rather than a dedicated statute. To be enforceable, a postnup needs adequate consideration flowing to both spouses, knowing and voluntary execution, and no fraud, coercion, or duress. The consideration requirement is what makes postnups harder to uphold than prenups.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Postnuptial enforceability is fact-specific and case-based — talk to a Tennessee attorney.
A postnuptial agreement is like a prenup, but signed after the couple is already married. In Tennessee, these are recognized — but on different legal footing than prenups.
Governed by case law, not a statute
Unlike prenuptial agreements (which have a statute, T.C.A. § 36-3-501), Tennessee has no dedicated postnuptial statute. Enforceability comes from case law — principally the Tennessee Supreme Court’s decision in Bratton v. Bratton (2004).
The Bratton requirements
Under Bratton, a postnuptial agreement is not against public policy and is enforceable if:
- There is adequate consideration flowing to both spouses,
- It was entered into knowingly and voluntarily, and
- There was no fraud, coercion, or duress.
Why consideration is the catch
This is the key difference from a prenup. A prenup is supported by the upcoming marriage itself. A postnup — where the couple is already married — needs separate, adequate consideration, and past consideration isn’t enough. In Bratton itself, the court ultimately declined to enforce the agreement for lack of adequate consideration. So the consideration analysis is where many postnups succeed or fail.
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Start your free intakeFrequently asked questions
- Does Tennessee have a postnuptial-agreement statute?
- No single statute governs them. Enforceability comes from case law, principally the Tennessee Supreme Court's decision in Bratton v. Bratton (2004).
- What makes a postnuptial agreement enforceable in Tennessee?
- Under Bratton: adequate consideration flowing to both spouses, the agreement was entered into knowingly and voluntarily, and there was no fraud, coercion, or duress.
- Why are postnups harder to enforce than prenups?
- A prenup is supported by the upcoming marriage itself as consideration. A postnup — signed after marriage — needs separate, adequate consideration, and past consideration isn't enough. Courts scrutinize this closely.
Sources
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