Are Prenuptial Agreements Enforceable in Tennessee?

Are Prenuptial Agreements Enforceable inTennessee?

Are you getting married in WilliamsonCounty? If so, you may be considering entering a prenuptial agreement. Prenupscan offer some significant advantages to couples. In Tennessee, prenups areenforceable—as long as certain basic legal requirements are satisfied.Here, our Franklin family law attorney provides an overview of the standard for prenuptial agreements inTennessee.

An Overview of the Legal Requirements for a Prenup in Tennessee

For the most part, prenups are regulated by state law. Under Tennessee law (Tennessee Code § 36-3-501), a prenup entered by a couple is “shall be binding upon any court” in any future divorce proceedings as long as the agreement itself is legally valid. To be valid an denforceable in Tennessee, a prenup must meet all of the following criteria:

●      Entered Freely,With Knowledge, and in Good Faith: InTennessee, a prenup must be entered freely, with knowledge, and in good faith.Both parties must willingly agree to the terms and each person needs to fullyunderstand what they are agreeing to give up. For this reason, it is a bestpractice to ensure that comprehensive financial disclosure is made before aprenup is signed. Otherwise, a prenuptial agreement risks being invalidated bya state court in Tennessee on the grounds of bad faith.  

●      No UndueInfluence or Other Unfair Pressure: Theremust be no undue influence or other unfair pressure applied to either party.Described in more simple terms, neither person can be pressured or bullied intosigning the prenup. It is a provision within state law that ensures that theagreement is fair and that both individuals are making their decision to signwithout feeling trapped or coerced.

●      No Child Custody,Visitation, or Child Support: A prenuptialagreement can be used to handle issues related to property division is adivorce were to occur in the future. However, not all family law issues can beincluded within a prenup. In Tennessee, the prenup cannot include terms aboutchild custody, visitation, or child support. The law is clear that thesematters are decided based on what is best for the child at the time of thedivorce or separation, not beforehand.

A Prenup Should Always Be Drafted and Reviewed By an Attorney

Prenups are complicated. If you are considering a prenuptial agreement, it is crucial that your agreement is not only legally valid, but also that it effectively protects your rights and your interests. A prenuptial agreement should always be drafted, negotiated, and reviewed by an experienced family law attorney. Your lawyer will help you come to the right prenup.

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Contact Our Franklin, TN Prenuptial Agreement Lawyer Today

At Campbell Perky Johnson, PLLC, ourFranklin family law attorneys are experienced advocates for clients. If youhave any questions about prenuptial agreements, we are available as a legalresource. Contact us today for a completely confidential case review. From ourlaw office in Franklin, we help clients with prenuptial agreements inWilliamson County and throughout the wider region.