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A Tennessee prenuptial agreement is a legal document drafted between the two parties who are about to get married.
They use this document to determine all of their assets and liabilities and make an agreement on which of them will be part of their individual property and which will be included in the marital property.
Parties don’t only use the prenuptial agreement after marriage. This document can also regulate their financial relationship during the marriage by determining each party’s rights and obligations towards the property accumulated during the marriage.
Laws and Legal Requirements for a Prenuptial Agreement in Tennessee
The laws and legal requirements for a prenuptial agreement in Tennessee are outlined in the precedents set by the state courts and the few provisions of the state law.
Section 36-4-121 provides the rules for the equitable distribution of the property. Equitable distribution of the property is a complex system of property distribution where the parties are not splitting the property on a 50/50 principle but according to the guidelines of the provisions of the state law.
When it comes to the precedents established by the state courts, Grubb v. Grubb, No. E2016-01851-COA-R3-CV (Tennessee 2017) provides basic guidelines and formality criteria for the Tennessee prenup agreement.
Signing Requirements for a Prenuptial Agreement in Tennessee
The prenuptial agreement in Tennessee must be made in writing. Moreover, both parties to the agreement must sign the document.
The notarization of the prenuptial agreement form is not mandatory. However, this step will additionally confirm the authenticity of the document and prevent potential disputes in that regard. Moreover, the notarized prenuptial agreement will provide fewer chances for fraudulent activities.
Prenuptial Agreement Enforcement in Tennessee
In Tennessee, the prenuptial agreement or a certain provision of it can be declared unenforceable if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They were forced to sign the document
The other party failed to present complete and truthful information about their financial status
The court can also declare a part of the prenup agreement unenforceable if it causes significant financial harm to one of the parties to the point that they become eligible for support under a program of public assistance.
What Can a Prenuptial Agreement in Tennessee Cover?
A prenuptial agreement in Tennessee can cover any matter regarding the financial relationship between the spouses during or after their marriage. However, all the provisions of the agreement must be in line with state law and public policy.
Below, you can see some of the most common provisions that can be included in the Tennessee prenuptial agreement template:
Provisions in a Prenuptial Agreement
Provisions outlining the rights and responsibilities of each partner in terms of their individual and marital property
Right to buy, sell, lease, mortgage, or manage the property acquired during the marriage
Rules on how marital property will be divided in case of a marriage dissolution, separation, death, or other similar event
Agreement on spousal support or alimony
Matters related to life insurance, will, trust, and more
Agreement on the law applicable to the prenup agreement
Prenuptial Agreement in Tennessee: Validity Criteria
First, the validity of the Tennessee prenuptial agreement depends on the fulfillment of the formality criteria set by the state law. This means that the agreement will be considered valid if it’s made in written form and if both parties sign it.
Secondly, the validity of the agreement is connected with the existence of the marriage. This means that the prenup agreement will be considered invalid if the parties don’t get married after signing it.