When two people are planning on getting married, it's important that they talk about serious matters that will affect them during their marriage. Although less romantic, it can also be important for the couple to discuss what would happen in the event of a death or divorce and outline their wishes in a prenuptial agreement. This is particularly true for second marriages or concerns about protecting one's money, property, or business.
Provisions that Can Be Included in a Prenuptial Agreement
Each state has laws that apply to prenuptial agreements, with some being more specific than others. For example, in Tennessee, the law specifically addresses the requirements for enforceability of a prenuptial agreement (discussed in table below), but doesn't have other laws on the books that discuss premarital agreements at length.
Although Tennessee law doesn't specifically outline the elements that can be included in a prenuptial or antenuptial (post-marital) agreement, there are certain common provisions. These provisions include:
- Identification of property (and debt) acquired by one spouse prior to the marriage as the separate property;
- An understanding of each spouse's rights and responsibilities regarding property during the marriage;
- The distribution of property in the event of a divorce or the death of a spouse; and
- Protection for any child from previous relationships, including estate planning protections.
This is in no way an exhaustive list, as each couple is unique. However, provisions affecting children of the marriage generally can't be included in prenuptial agreements. Issues of child support, child custody, and visitation are in the jurisdiction of the court to ensure that a child's best interests are being considered in making such decisions.
Overview of Tennessee Prenuptial Agreement Laws
In the following table, you can find an overview of prenuptial agreement laws in Tennessee and links to relevant statutes. Remember, while reading the actual text of a law is important, reading an overview of the law can be a very helpful supplement.
Tennessee Code, Title 36, Chapter 3, Part 5, Section 36-3-501 (Enforcement of Antenuptial Agreements)
|When are Prenuptial Agreements Enforceable?
||A prenuptial agreement is enforceable if each spouse enters into it freely, with knowledge, and in good faith, and without any duress or undue influence upon either spouse.
Tennessee Code, Title 36:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Tennessee Prenuptial Agreement Laws: Related Resources
For additional information and resources related to this topic, please visit the links listed below.
Considering Getting a Prenuptial Agreement in Tennessee? Get Legal Help
If you want to learn more about prenuptial agreements, it's a good idea to speak with a local family law attorney who can explain how Tennessee prenuptial agreement laws apply to your unique situation and provide legal advice on how to proceed.