A prenuptial agreement (prenup), also known as an antenuptial agreement, is a contract that is signed by two people before they marry with the goal of protecting assets and simplifying the dissolution process if the marriage is unsuccessful.
If properly drafted and executed, with adequate disclosure by each side, prenups are favored by public policy and upheld by the courts. We recommend that each party be represented by separate counsel to advise as to the disclosure of assets and what provisions may need to be included in the event of divorce.
A prenup can govern spousal support both during and after a divorce proceeding and protect certain assets from being considered marital property. At Brighter Day℠ Law, we have seen prenups that were grossly unfair to one of the parties over the other, and have been able to successfully help the aggrieved party. You should contact the Nashville prenuptial agreement lawyer with Brighter Day℠ Law before drafting or signing a prenup or getting married.
It may advisable to seek a post-nuptial agreement in the event circumstances change after the marriage, or there was no time to get a prenup in place. Post-nuptial agreements are also contracts and are enforceable but there must be a mutual benefit to the parties since the marriage has already occurred.
What are the Most Important Aspects of a Prenuptial Agreement?
A prenuptial agreement is only as strong as its structure and adherence to legal requirements. Several critical elements ensure that a prenup is fair, enforceable, and tailored to meet the couple’s unique circumstances:
Full and Fair Disclosure: Both parties must openly disclose their assets, liabilities, and income. Transparency is vital to prevent disputes or challenges in court, as incomplete or misleading disclosures can render the agreement invalid.
Voluntary Agreement: Both individuals must willingly agree to the terms without any form of pressure, coercion, or duress. Signing under duress could lead to the agreement being dismissed in court.
Clear and Specific Provisions: A strong prenuptial agreement explicitly outlines key areas such as:
- Asset protection for property owned prior to the marriage
- Division of personal property/asset division in case of divorce
- Alimony terms
- Debt responsibility for both parties
- Child custody
Avoiding Unreasonable or One-Sided Terms: Provisions that heavily favor one party over the other or that are perceived as unfair may result in the agreement being invalidated.
Compliance with Tennessee Law: The agreement must meet state-specific legal standards to ensure enforceability.
At Brighter Day℠ Law, we help couples craft prenuptial agreements that address these essential aspects, ensuring they are balanced, comprehensive, and legally sound. Our goal is to help you define your financial future with confidence and clarity.
Protect Your Rights and Well-Being with the Services of a Skilled Prenup Attorney
A prenup must be formally signed and notarized before the couple marries. For many, the undying love of their partner can suffice as reassurance of how the future will play out. However, for almost everyone else, thinking about a prenup may be beneficial, especially if any of the factors below apply:
- If either spouse brings valuable assets or separate property such as real estate or investments (even debt) into the marriage.
- If either spouse is substantially wealthier than the other;
- If either or both spouses were previously married;
- If either spouse has children from another individual and wants to ensure that their children and new spouse are taken care of in the event of the unexpected, such as the death of either spouse or other major life changes.
This is a non-exhaustive list, and the best way to determine if a prenup is right for you is to speak with an experienced prenup attorney. Brighter Day℠ Law’s Nashville prenuptial agreement lawyer has the experience, dedication, and legal know-how required to successfully guide you through the prenup drafting, signing, and enforcement processes.
Scenarios Covered by Prenuptial Agreements in Tennessee
While prenups are usually drafted with financial considerations in mind, they can contain stipulations, provisions, agreements, and/or terms of any kind, most of which will affect both spouses, but this is not always the case. For example, a prenuptial agreement can include provisions such as:
- How personal or shared accounts are to be handled;
- A requirement that one or both spouses take out a life insurance policy;
- Whether or not a surviving spouse can continue living in a shared marital home (and if yes or no, then under what circumstances);
- Whether payments such as spousal support, child support, or other financial contributions can or will be made by either spouse to the other and/or their children.
Depending on your unique circumstances, there may be other types of cases that apply to you, requiring other provisions in your prenup. For a detailed discussion of your case and to learn more about how our prenup attorney can help you, speak with the Nashville prenuptial agreement lawyer with Brighter Day℠ Law today.
Amending a Prenup After Marriage
A common question faced by prenup attorneys is if a prenuptial agreement can be modified after it has already been signed and the couple is married.
The answer is yes. However, both spouses must formally – in writing – agree to and sign off on any changes. Some prenups even contain provisions that outline how future modifications can or should be made in the future. Prenups can also be terminated after a couple marries, but this also needs to be with the agreement of both spouses.
Another important point to consider is whether or not a prenup can be voided after marriage. As mentioned above, prenuptial agreements are legally binding contracts between two people before they marry, and they come into effect as soon as the two individuals marry.
A prenup that is properly negotiated, drafted, and signed can be difficult to overturn (and illegal to ignore). Defenses to a prenup are similar to contract law, and often include failure to fully disclose assets, coercion, fraud, and the like.
If any of these circumstances apply to you, contact our Nashville prenuptial agreement lawyer for assistance with your case.
A prenuptial agreement may not be necessary for every couple, but it can offer significant benefits for those with specific financial goals or concerns. Couples with substantial assets, business interests, or debts may benefit from the clarity and protection a prenup provides. Additionally, those entering a second marriage or blending families may use a prenuptial agreement to establish financial security for children from previous relationships. While some may view prenups as unnecessary or unromantic, they can serve as a practical tool for fostering open communication and preventing future disputes.
At Brighter Day℠ Law, our family law attorneys help couples determine whether a prenuptial agreement aligns with their needs and priorities, ensuring they feel confident and prepared as they begin their marriage. If you need help creating or executing prenuptial agreements, or postnuptial agreements, call our law firm today at (615) 437-8808 to learn more about how we can help you move your family forward.
Frequently Asked Questions About Prenuptial Agreements in Tennessee
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