Tennessee Prenuptial Agreement Form

When preparing for marriage, there is a lot to be done. It is not only about organizing a wedding or planning for a honeymoon trip but about formalities and signing documents. Couples getting married may want to sign a prenuptial agreement (also known as a prenup or antenuptial agreement).

In Tennessee, this free prenuptial template contains the couple’s decisions made before marriage regarding their property and its division in the event of divorce or the death of one of them.

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Such agreements are signed for various reasons, ranging from protecting private assets to leaving property to children. For whatever reasons you would like to conclude this contract, you can use our form building software to get a copy of the document.

Although the agreement must be completed before the marriage is concluded, it can be amended or canceled with both signatories’ written consent.

Tennessee Prenup Laws and Requirements

In general, the laws regarding prenuptial agreements are similar. However, they are governed by different regulations in each state. In Tennessee, §36-3-501 – §36-3-505 of State Law regulates marriage arrangements.

Let’s take a look at the critical parts.

Signing Requirements

Both parties must sign the agreement. It will also not be extra to certify the agreement with a public notary agent, although this is not required by law.

A verbal agreement is not allowed, only a written form.

Enforceability

Drawing up an agreement and appending signatures are not enough. For the court to recognize the contract as valid, it must meet specific requirements.

  • Both signatures must be provided freely without coercion or use of threats from anyone.
  • Both parties must honestly disclose information about their finances, including assets, property, debts, and so on. If one party cannot do this as accurately as possible, the other party should have a complete picture of the spouse’s financial condition.

Court Refusal

The court may refuse to enforce the prenuptial agreement in Tennessee if it rules that the agreement was signed under duress or the person against whom the agreement is working did not have the opportunity to familiarize with it properly.

For example, if the agreement was drafted in a hurry and the other party could not obtain independent advice from the attorney, the contract is invalidated.

The court may also invalidate it if:

  • The agreement was not made honestly towards one of the parties. For example, the agreement would leave them without means of subsistence.
  • Substantial financial information was withheld.

What Prenups Can Cover

The agreement can cover various things as long as they are not illegal. For example, you can provide decisions for:

  • the division of separate and marital property in case of divorce
  • division of property in the event of the death of one of the spouses
  • life insurance
  • which state law will govern this agreement

Moreover, in Tennessee, you can include child support and custody provisions in this agreement. For example, you can refuse or limit your rights to them. But in a controversial case, the Tennessee court will have the preemptive right to decide on this matter.

Property type

Tennessee is one of the states that practice equitable distribution over marriage property.

According to this principle, there are two types of property:

  • Separate—owned by only one of the spouses
  • Marital—common, acquired in marriage.

Equitable distribution of wealth does not mean that everything will be divided equally. The court considers many factors before making its decision, such as contribution to the marriage or the parties’ financial condition.

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Published: Feb 25, 2021