Prenuptial Agreements / Ante-Nuptial Agreements in Tennessee

Prenuptial Agreements (also called ante-nuptial agreements) are contracts entered into before marriage that describe how property and other assets and/or debts will be divided if the couple divorces. Prenuptial agreements are common where there are children by prior marriage(s) and a parent wants to secure assets for that parent's children and/or insure that not all of the assets will go to the other spouse's children from a prior marriage. Prenuptial agreements are also helpful when one person has significantly more assets or income than the other, or where one person wants to insure that separate property remains separate.

Prenuptial agreements are favored in Tennessee, provided that certain requirements are met. Under Tennessee Code Annotated § 36-3-501, for a valid prenuptial agreement to exist, both parties must enter into the agreement freely, knowledgably, and in good faith. There must be no duress or undue influence on either party. If the agreement is valid, a prenuptial agreement may limit or prohibit alimony, as long as the agreement is not over-reaching and does not leave one party so impoverished that he or she must be on public support. Prenuptial agreements, however, may never limit child support.

For an agreement to be entered into knowledgably, there must be full and fair disclosure of all assets. Each party must be given "a clear idea of the nature, extent, and value of the other party's property and resources." Randolph v. Randolph, 937 S.W.2d, 815 (1996). This is so the other party can make an intelligent decision about what rights he/she is surrendering. If the parties signing the prenuptial agreement are represented by counsel at the time of signing, that helps to establish that the agreement was entered into knowledgably.

The family law attorneys at Sobieski, Messer, & Associates, PLLC handle law for Prenuptial/Ante-Nuptual Agreements in Knoxville, TN and the surrounding areas.  Call 1-865-223-5586 to speak with a lawyer today.