Jimmy E. Smith, v. Connie Sue Argo Smith - Concurring/Dissenting

I concur with the majority’s conclusion that the criteria for determining the
validity of antenuptial agreements announced in Randolph v. Randolph, ___
S.W.2d ___, ___ (Tenn. 1996)1 should be applied to reconciliation agreements.
I also agree with the majority’s determination that the reconciliation agreement
involved in this case is not enforceable because Mr. Smith has not demonstrated
by a preponderance of the evidence that he disclosed the value of his interest in
National Sheet Metal Company to Ms. Smith or that Ms. Smith had independent
knowledge of the nature, extent and value of this interest. Accordingly, I agree
that the trial court erred by enforcing the reconciliation agreement.