Prenuptial Agreements in TN
Prenuptial Agreement | Turner Law Offices, P.C.
A prenuptial agreement, or antenuptial agreement, is a legal document wherein couples agree to what happens in the event of a divorce. Today, prenups are becoming more common for married couples. Generally speaking, a prenuptial agreement sets forth an agreed upon property division and amount of alimony in the event of a future divorce. Under Tennessee Law (T.C.A. § 36-3-501), a prenuptial contract entered into in good faith is valid in the absence of duress or undue influence.
What Can Be Included In A Prenuptial Agreement?
The following may be included in a prenuptial contract:
- Conditions of cohabitation while living together
- Division of property after separation
- Amount and duration of alimony
- Testamentary disposition
- Waiver of statutory share/homestead/year’s support
What Cannot Be Included In A Prenuptial Agreement?
The following cannot be enforced in a prenuptial agreement:
- Alimony (if renders a spouse insolvent)
- Child Custody & Parenting Time
- Child Support
- Exemptions of the surviving spouse
Why Have A Prenuptial Agreement?
In the absence of a valid, enforceable prenuptial agreement, the law of Tennessee controls alimony and division of property. Oftentimes, a simple prenuptial agreement reduces the cost of litigation in the event of a divorce in that the parties agreed, in advance of marriage, on the financial settlement in the event of a divorce.
Hire A Family Lawyer To Draft Your Prenup
At Turner Law Offices, P.C., our family lawyers have over 20 years experience in drafting prenuptial contracts that have withstood judicial scrutiny! Call our offices today or Request a Free Initial Consultation Online to speak with one of our lawyers about drafting a prenuptial agreement for you.