A Tennessee prenuptial agreement (also called a "prenup") is an agreement signed by two people before they get married. It can help you protect your assets, set expectations for the marriage, and decide how to handle property acquired before the wedding.
Who Should Get a Prenuptial Agreement in Tennessee?
If you are getting married in Tennessee, a prenuptial agreement could be a smart way to protect your assets and give you peace of mind.
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Either spouse was previously married.
A prenuptial agreement could help protect your assets if you were previously married. If you were married before and want to protect your assets in the event of a divorce, you can use a prenuptial agreement.
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One spouse has significantly more assets than the other
A prenuptial agreement can help equalize property ownership during the marriage. If your spouse is significantly wealthier than you are, a prenuptial agreement can help to protect your interests in the case of an eventual divorce.
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Spouses are bringing the valuable property into the marriage, as well as debt.
A prenuptial agreement protects both parties from losing their property due to debts their partner acquires during the marriage or from investments they make after marriage. In other words, if one or both spouses have significant debt, a prenuptial agreement can help divide up property and reduce the risk of future conflicts.
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Either spouse has children from a previous relationship
Suppose one spouse has children from a previous relationship, including stepchildren or children of a prior marriage. In that case, it's often wise to include them in any prenuptial agreement so that they are protected in case of divorce.
What Steps Should I Take to Ensure that My Prenuptial Agreement Is Valid in Tennessee?
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Fully disclosed the assets and the values
A prenuptial agreement must be signed by both parties before the marriage and fully disclose all assets and debts. If either party fails to disclose something, it could make the entire agreement voidable. This means that if one party hides income or doesn't list their debt, the other person can come back and ask that the whole agreement be cancelled out.
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The relative sophistication of the parties
Suppose one party is significantly more sophisticated than another. In that case, they may be able to get out of any contract they don't want to follow because they needed to understand what was being signed at the time.
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Choice-of-law
Most courts will enforce a prenuptial agreement if both parties are from different states and their laws differ from each other's laws regarding prenuptial agreements (in Tennessee, for example). If there is no choice-of-law provision in your contract, then it will likely be considered invalid under Tennessee law because it's unclear whether or not your state would recognize such an agreement). In addition, if there is no choice-of-law clause and one party lives in a state that does not recognize prenuptial agreements, then the agreement may not be enforceable.
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Independent advice from an accountant or tax professional
An attorney with experience with this kind of document and who understands how it will work in Tennessee law should draft a prenuptial agreement. The parties should have independent advice from their accountants or tax professionals on whether they should enter into such an agreement because this could affect their taxes and business interests.
Conclusion
If you are looking for a prenuptial agreement, it is important to have a lawyer who can help you understand the process and explain your options. Contracts Counsel for Tennessee has attorneys who can assist you with all aspects of prenuptial agreements, including drafting them and making sure they are legal.
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Meet some of our Tennessee Prenuptial Agreement Lawyers
Christina S.
I am an attorney who has been practicing for over a decade, experienced in multiple areas of law, both from a litigation and more procedural side. The great thing about my practice is that it has trained me to deal with so many different types of problems and to find solutions in a variety of legal scenarios that are almost never similar.
Dean F.
Ferraro Law Firm was founded by Dean C. Ferraro. Dean earned his Bachelor's Degree from California State Polytechnic University, Pomona ("Cal Poly Pomona") in 1992 and his J.D. Degree from the University of Mississippi School of Law ("Ole Miss") in 1996. He is licensed to practice law in the State Courts of Colorado, Tennessee, and California. Dean is also admitted to practice before the United States District Courts of Colorado (District of Colorado), California (Central District), and Tennessee (Eastern District). Shortly after earning his law license and working for a private law firm, Dean joined the District Attorney's office, where he worked for five successful years as one of the leading prosecuting attorneys in the State of Tennessee. After seven years of practicing law in Tennessee, Dean moved back to his birth state and practiced law in California from 2003-2015. In 2015, Dean moved with his family to Colorado, practicing law in beautiful Castle Rock, where he is recognized as a highly-effective attorney, well-versed in many areas of law. Dean's career has entailed practicing multiple areas of law, including civil litigation with a large law firm, prosecuting criminal cases as an Assistant District Attorney, In-House Counsel for Safeco Insurance, and as the founding member of an online law group that helped thousands of people get affordable legal services. Pursuing his passion for helping others, Dean now utilizes his legal and entrepreneurial experience to help his clients in their personal and business lives. Dean is also a bestselling author of two legal thrillers, Murder in Santa Barbara and Murder in Vail. He currently is working on his next legal thriller, The Grove Conspiracy, set to be published in 2023.
Robert M.
Robert is a sixth-generation Tennessean and part of a long line of Tennessee attorneys: There has been a Marks attorney in Tennessee since 1856. In 1929, Robert’s great-grandfather established an event venue, Shadowbrook, which Robert has worked at his entire life, including managing for 10 years. He knows what business owners are dealing with—especially venue owners—because he has dealt with it. While Robert loves the hospitality industry, he pursued his passion. In 2016, Robert decided to attend law school and continue managing the business. He thrived. He was a founding member of the Nashville School of Law's Legal Aid Society, received the Tennessee Supreme Court’s Law Student for Justice award, and interned with the Tennessee Supreme Court's Access to Justice Commission. Before co-founding Mercury Legal Group, Robert focused on estate planning in solo practice. In this role, he helped clients protect what they had spent a lifetime building. Now he helps his clients build their businesses by providing tailored legal services.
Connie C.
Connie Chadwick presently focuses her law practice in Tennessee on flat fee legal services which commonly include family court settlements such as divorces, child support orders, custody agreements; contracts; business formation services; and estate plans. Connie is also a Tennessee licensed residential general contractor with over fifteen years of experience in the construction field. With both legal and construction experience, Connie is a logical choice for contractor disputes. Connie earned her Doctorate of Jurisprudence from The Nashville School of Law after earning her Bachelor of Science in Accounting and Finance from Lipscomb University. www.conniechadwicklaw.com Connie Chadwick is recognized by peers and was selected to SuperLawyers Rising Stars for 2017 - 2023. This selection is based off of an evaluation of 12 indicators including peer recognition and professional achievement in legal practice. Being selected to Rising Stars is limited to a small number of attorneys in each state. As one of the few attorneys to garner the distinction of Rising Stars, Connie Chadwick has earned the respect of peers as one of the top-rated attorneys in the nation.
April 3, 2023
John M.
John has extensive leadership experience in various industries, including hospitality and event-based businesses, then co-founded a successful event bar company in 2016. As co-founder, John routinely negotiated agreements with venues, suppliers, and other external partners, swiftly reaching agreement while protecting the brand and strategic objectives of the company. He leverages his business experience to provide clients with strategic legal counsel and negotiates attractive terms.
October 30, 2023
James S.
https://www.linkedin.com/in/james-swindle/
February 20, 2024
John V.
Education: Georgetown Law (83), Yale (75- BA in Economics), Hotchkiss School (1970). Practice areas have included commercial litigation, individual litigation, and securities litigation and arbitration.
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Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
New York
Prenup
Hey i'm getting married next month in NY How much will it cost?
Jane C.
I suggest you submit a proposal for lawyers to bid on.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
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ContractsCounsel User
Simple prenuptial
Location: New Jersey
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 3
Bid Range: $750 - $1,200
ContractsCounsel User
Prenup
Location: California
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 2
Bid Range: $1,200 - $2,000
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