How to Get a Prenuptial Agreement in Tennessee

A prenuptial or premarital agreement is a written contract signed by two future spouses before their marriage. This legally binding document allows couples to discuss prevalent issues that can affect their marriage. For instance, a couple can use a prenup to settle property and debt distribution in the event of a divorce, set alimony, or iron out marital responsibilities.

Tennessee law governing prenuptial agreements is complex. Therefore, if you want a prenup in the state, it’s advisable for each party to work with an experienced attorney. They will explain your legal rights, ensure your document is enforceable, and help you prepare for your best marital future.

4 steps to get a prenuptial agreement in Tennessee

While most people understand the benefits of getting a prenuptial agreement, many need clarification on the process. Get your Tennessee prenuptial agreement by completing these steps. 

1. Get independent counsel

Securing independent counsel for your Tennessee prenuptial agreement is in your best interest. You and your future spouse have varying interests and priorities; your attorney is responsible for representing you and only you. They can also offer independent legal advice on terms and guide you through your agreement's provision, structure, and enforcement. 

Let’s not forget that obtaining independent representation is the most effective way to prove that the two parties understood the terms and that there was no undue influence upon either spouse. 
Many couples use online prenuptial agreement templates to save on costs. But, customizing the contract terms of those templates is difficult, and a skilled lawyer can easily challenge those in court. LegalZoom provides a free consultation with an experienced Tennessee family law attorney as part of our prenup service. 

2. Disclose all terms with your future spouse

The foundation for all prenuptial agreements is full and fair disclosure; this transparency is crucial for the agreement to be considered fair. Each spouse must provide factual information regarding their assets and debts, including their respective value. Any dishonest disclosure can invalidate the agreement. 

3. Discuss other legal matters and set expectations

A Tennessee prenup is an excellent way to set clear expectations around financial obligations, alimony, or how you both will handle the daily rigmarole of married life. Have open discussions around all marital issues that are of importance to you. 

4. Review and sign the document 

After finalizing the terms, have your lawyer draft a detailed written agreement well before your wedding date. You want a legal document that’s clear and specific, no matter who reads it. Take ample time to review and understand the contract terms with your family law attorney before you sign the document. 
 

Prenuptial agreements in Tennessee: What can they cover?

In Tennessee, prenuptial agreements are also known as antenuptial agreements; they become effective on the wedding day. The Tennessee Code Annotated Section (T.C.A.) § 36-3-501 stipulates what provisions an antenuptial agreement can address and what makes the document legal and valid for enforcement purposes.

A Tennessee prenuptial agreement can address the following clauses: 

• Property and debt division
• Spousal support (alimony)
• Financial responsibilities and obligations
• Inheritance rights
• Business interests, investments, or ownership stakes
• Protecting minor children from prior marriage

Tennessee law and child support provisions 

The Tennessee Code doesn’t allow the inclusion of any child custody or support clauses in antenuptial agreements. The court makes child support decisions based on the best interests and welfare of the children at the time of the divorce. 

Marital property division

Marital property is property purchased by one or both spouses during marriage and shouldn’t be confused with separate property. Separate property is any property owned by either party before their marriage and is going to stay under their control.

Tennessee law clearly defines how marital property will be divided in a divorce. Tennessee is an equitable distribution state, but this doesn’t mean marital property is subject to a perfect 50-50 split. The court ensures a fair distribution of marital assets by considering various factors, such as length of marriage, prior alimony arrangements, and each spouse's age, health, and earning capacity. 

Do prenups hold up in court in Tennessee?

Yes, prenuptial agreements are recognized, interpreted, and enforced by Tennessee courts just like any other contract. But a prenup needs to meet the state’s standards. 

What are the requirements for a prenuptial agreement in Tennessee? The Tennessee Supreme Court defines a prenuptial agreement as valid and enforceable when: 

• It’s a written agreement 
• It’s entered by both spouses freely, without exertion of duress or undue influence on either party
• It’s signed in good faith well before the wedding day
• It includes fair and full disclosure of assets, income, and liabilities 
• Both parties have ample time to review the agreement 

What voids a Tennessee prenuptial agreement?

There are cases when a legally signed agreement can get thrown out. To avoid your Tennessee prenuptial agreement from getting overturned in court, make sure it’s fair, signed without duress or undue influence, and doesn’t:

• Promote illegal activities
• Include child custody terms or any other provision around child support
• Leave a spouse dependent on public assistance (food stamps)

Postnuptial agreements

Already married and looking to protect your assets? You can draft and sign a postnuptial agreement; it provides the same security and protection as prenuptial agreements. The only difference is that such agreements are signed after your marriage. 

Are postnuptial agreements binding in Tennessee?

Yes, once postnuptial contracts are signed, they are legally binding. However, the agreement must meet the state’s legal requirements, including specificity (no vague terms) and sufficient consideration. Postnuptial agreements must also be written and signed in good faith and without excursion. 

What is sufficient consideration? 

In legal terms, sufficient consideration means that a spouse agrees to do something they aren’t required to do by law. Let’s break it down. This simply means that one spouse gives up something specific and of value in exchange for the terms of the agreement. In a Tennessee postnuptial agreement, the following could be counted as adequate consideration: 

1. The agreement sets terms for alimony in case of divorce, avoiding future court battles.
2. The agreement specifies how marital property will be divided if the marriage ends, ensuring clarity and detail.

Here’s an example: In a postnuptial agreement, both spouses agree to give half of their income and inheritance to the other spouse if the marriage ends due to their infidelity. The courts will accept this as sufficient consideration. But, if one spouse agrees to give up half their income, and the other party is vague in detailing their consideration and says, “They will give up something,” the courts won’t enforce the contract. 

Do note that the marriage itself is not counted as sufficient consideration. An experienced family law attorney can help you draft a post nuptial agreement that’s fair and enforceable. 

Hire a family law attorney for your Tennessee prenuptial agreement

Don’t underestimate the power of prenuptial agreements. A well-crafted agreement will minimize unfavorable economic consequences and help you overcome the emotional and legal challenges of divorce. However, working with an experienced attorney is essential to ensure proper enforcement. They can draft a prenup that will protect your financial interests and ensure that your documents stand the test of time, even in the event of marital difficulties.

Therefore, you shouldn’t give your future spouse a prenuptial agreement on the day of the marriage with a threat to cancel the wedding if it's not signed. This approach isn’t fair and will nullify the prenup.