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Murfreesboro TN Family Law Attorney Crafts Effective Prenup and Postnup Agreements

Protecting your rights while negotiating your future

Prenuptial and postnuptial agreements provide clarity in the event a marriage later terminates. Having a clear agreement in place ensures both parties know how property will be divided and how other important matters will be handled if the marriage does not work out. The Murfreesboro family law attorney at the Law Office of David L. Scott drafts or reviews prenuptial or postnuptial agreements to ensure that your rights and your financial future are protected.

Understanding the Importance of a prenuptial or postnuptial agreement in Tennessee

Some people mistakenly believe that prenuptial and postnuptial agreements are only important for people who are very wealthy. However, prenuptial and postnuptial agreements can protect people in all types of situations. For example, if the couple has children from a previous marriage and want to secure assets for these children, a prenuptial agreement can be drafted in a way to protect these assets. These agreements also help maintain the separate property classification of property acquired before the marriage. People who want to protect their business interests may also desire a prenuptial agreement or postnuptial agreement to be drafted for this purpose.

Prenuptial agreements and postnuptial agreements may have thorough details regarding the property rights of the spouses. They are legally enforceable contracts between spouses or soon-to-be spouses. They may detail how increases in the value of separate property are treated even if the other spouse substantially contributed to this property during the marriage. They may contain provisions regarding what will happen in the event of divorce or death. Prenuptial or postnuptial agreements cannot legally contain waivers regarding child support or time-sharing rights.

Drafting an enforceable agreement

For a prenuptial or postnuptial agreement to be valid, it must follow state law. The agreement must be entered into with clear knowledge and in good faith by both parties. Undue influence or duress by either spouse can cause the agreement to be invalid. While prenuptial agreements need only use the marriage itself as consideration, postnuptial agreements must be supported by consideration, meaning that something of value must be traded by the spouses, including promises. Both parties must have a full and accurate knowledge of the property owned by the other party so that they knowingly waive their rights. This includes having a clear concept of the nature, extent and value of the property and resources of the other party. One-sided agreements can be invalidated by a court if determined to be unconscionable, such as any agreement that would leave a spouse dependent on public support. It is important that the spouses each have their own independent legal representation so that they will have a clear understanding of the rights at stake.

Preparing for your marriage with a prenuptial or postnuptial agreement requires a skilled Murfreesboro TN family law attorney

Family law attorney David L. Scott in Murfreesboro has been a trusted legal resource and family law advocate since 1996. His experience ensures your best interests are protected by creating effective prenuptial and postnuptial agreements. Contact the Law Office of David L. Scott through our online form or call 615-896-7656 to schedule a free consultation.
 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

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4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

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Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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