Mt. Juliet and Lebanon TN
Prenuptial agreements are legally binding documents that are signed by both future spouses before the wedding. The contract is effective immediately once married and can protect both parties in the event of a divorce, legal separation, or other legal matters. The Tennessee laws that govern prenuptial agreements are complex. Fortunately, our Nashville area family law attorney at the Law Office of Yancy Belcher shares information about the prenup laws in Tennessee so that you can understand your rights and the enforceability requirements of the contract.
Why should I get a prenup?
Prenups can offer multiple benefits to both parties, despite their income and assets. And, prenups aren’t just for wealthy people. The contract simplifies the marriage dissolution process when necessary. For example, when one party has a significant amount of debt, a prenup can state who’s responsible for repaying the debt.
Our family law attorney in Hermitage lists below additional reasons for getting a prenup agreement before marriage
- Business Owner
- Higher Income than their Future Spouse
- Previously Married (With or Without Children)
- Possess Significant Property or Financial Assets
What provisions can I include in a Tennessee prenup?
A crucial factor when creating a marital contract is to establish the differences between separate and marital property.
Our Mt. Juliet family law attorney explains that a prenup can help address the following matters:
- Pet Custody
- Debt Payment
- Property or Asset Division
- Child Protection from Former Relationship
Choosing to include provisions about alimony can cover the amount, type, and duration of alimony payments. Furthermore, either party may waive or limit their alimony rights within the marital contract. Unfortunately, prenups do not include a legal child custody agreement. Child custody cases are only approved by a judge during the divorce proceedings.
What are the requirements to make a prenup enforceable in Tennessee?
Establishing an enforceable, legally binding marital contract in the state of Tennessee requires more than a few words and signatures on a piece of paper. According to our Nashville family law attorney who creates prenups, an agreement is valid in Tennessee when it meets the following requirements.
- Everything is in writing
- The terms are fair to both parties
- Both parties had sufficient time to review the contract
- The document is executed before the marriage ceremony
- Both parties entered the agreement voluntarily and in good faith
Challenging a prenup is possible, but you must provide evidence that the other party didn’t fully disclose debts or assets at the time of signing the contract or that you were coerced or blackmailed into signing it.
Do I have to hire an attorney to create or review a prenup?
Tennessee doesn’t require the assistance of an attorney to create a prenuptial agreement. However, hiring a trusted Hermitage prenuptial agreement lawyer can make a difference in the agreement’s effectiveness. Attorneys understand the law’s complexity and must remain educated about law changes that affect marital contracts. Therefore, our experienced family law attorneys can assess your case and create an enforceable prenuptial agreement that is fair to you and that protects your assets and rights if the marriage ends in divorce.
Family Law in the Nashville area, including Hermitage and Mt. Juliet, TN
Entering a legal contract without knowing or understanding the laws surrounding your rights and responsibilities is ill-advised, even if it’s a prenup. The complex Tennessee laws can be challenging to understand, so seek family law legal counsel in Mt. Juliet to generate an enforceable and legally binding contract. Please call the Law Office of Yancy Belcher at (615) 773-2889 to ask questions about prenuptial agreements or to schedule a consultation.