A prenuptial agreement is a legally binding document that both future spouses sign before their wedding day. This type of contract becomes effective from the moment the couple is officially married. This document helps organize the division of assets and other legal matters in the event that the couple seeks a divorce or a legal separation.
Given the complexity of the Tennessee laws governing prenuptial agreements, working with an experienced family law attorney helps ensure that your document meets enforceability requirements and that you are signing it knowledgeably under T.C.A. § 36-3-501. This statute emphasizes that a prenup is valid not merely because you signed it, but because you did so with full knowledge of the rights or claims you were giving up.
If you are interested in a marital contract but did not create a prenuptial agreement, the state allows a married couple to enter into a postnuptial agreement that serves similar purposes, provided both parties enter into it knowingly and voluntarily.
Why Should I Get a Prenuptial Agreement?
All couples can benefit from pursuing a prenuptial agreement, regardless of their assets and income, because it can simplify the process of divorce when necessary.
Someone may especially want to create a prenuptial agreement if they:
- Were previously married (with or without children)
- Are a business owner
- Have significant financial and property assets
- Have a much higher income than their future spouse
- Hold significant debt, as a prenup can establish who is responsible for repayment
If one party has significant debt, a prenuptial agreement can establish who is responsible for repaying it. Additionally, it is important to note that signing a marital contract may affect public benefits. Certain provisions may impact eligibility for public assistance or “public charge” considerations, especially if one spouse is a non-citizen. Discussing this with your attorney ensures you make fully informed decisions.
Provisions You Can Include in a Tennessee Prenuptial Agreement
An important factor when drafting a marital contract is to establish what is separate and marital property, especially if you are opting for a postnuptial agreement.
A Tennessee prenuptial agreement can address matters such as:
- Property and asset division
- Protection for a child from previous relationships
- Alimony
- Pet custody
- Debt payment
If you choose to include provisions about alimony, they can cover the type, amount, or duration of alimony payments a party may seek during a divorce. A spouse can also choose to waive or limit their rights to alimony in a marital contract.
One thing that your prenuptial agreement cannot legally discuss is child custody. This is left up for discussion during an actual divorce and approval by a judge.
Make Sure Your Prenuptial Agreement Is Enforceable in Tennessee
Creating and signing a marital contract that suits both you and your spouse is not enough for a court to consider it valid and enforceable. Your prenuptial agreement has to meet several requirements for a judge to accept it. To be enforceable, a prenup must be entered into knowledgeably, voluntarily, and with full disclosure of assets and debts.
In Tennessee, a prenuptial agreement is only valid if:
- It is in written form
- Both parties entered into it freely and in good faith
- Both parties had sufficient time to carefully review the contract and sign it knowledgeably
- It is fair to both parties
- You have executed the document before getting married
If you want to challenge a prenuptial agreement, you usually must demonstrate that the other party did not fully disclose their assets or debts, that you were coerced into signing it, or that you lacked sufficient knowledge of what rights you were waiving.
Hire a Trusted Family Law Attorney to Create and Review Your Prenup
The state of Tennessee does not legally require you to hire an attorney to create your prenuptial agreement. However, working with a trusted prenuptial agreement attorney can make a positive difference. If you ever want to modify your prenuptial agreement or create a postnuptial agreement if you did not have a prenup, the family law attorneys at Conner & Roberts, PLLC can help you find the solution that fits your situation.
When you hire our family law attorneys, we can:
- Assess your situation and recommend specific provisions and structure for your prenuptial agreement
- Ensure the document is fair, balanced, and knowledgeably executed
- Help modify an existing prenup or create a postnuptial agreement if needed
- Advise on potential public charge implications or other legal considerations that could affect eligibility for public benefits
Our team understands the complexity of the law and stays up to date on changes that may affect marital contracts, ensuring they meet the statutory requirements for enforceability. We can assess your situation and recommend specific provisions and a structure for your prenuptial agreement to meet your needs and ensure that a court finds the document valid and enforceable if you ever get divorced. Our deep understanding of the law helps us identify any provision that may be unfair to you, protecting your rights and assets.
Are you considering drafting a prenuptial agreement in Chattanooga or its surrounding areas? Contact Conner & Roberts, PLLC, today at (423) 299-4489 to schedule an appointment with one of our family law attorneys!