How Tennessee Courts Enforce Prenuptial Agreements

Before a couple marries, they may get a prenuptial agreement. A prenuptial agreement is a legal contract entered into by two people before marriage. It details each person’s assets and debts, and specifies how those financial matters will be managed in the event of a divorce.

A prenup can be a significant financial safeguard. It provides clarity and peace of mind, helping both partners enter marriage with a shared understanding of their economic rights and responsibilities.

Prenuptial agreements are commonly used to protect one spouse who may be financially disadvantaged. In Tennessee, assets are split fairly in a divorce, but that split is subject to interpretation. Prenups, on the other hand, allow for unique asset distribution in exceptional cases, such as businesses or investments.

In high-income divorces, prenups are enforceable, just like they would be at any income level. In fact, prenuptial agreements are most common when significant money and assets are involved. However, they are heavily scrutinized.

When there are a lot of assets or money involved, it is common for prenups to be one-sided. They may favor the person who has the most assets. This means the courts will thoroughly assess the document for validity.

Courts recognize prenups as valid contracts when they are entered into voluntarily, with full financial disclosure, and without coercion or fraud. Both parties must have had the opportunity to consult independent legal counsel before signing.

When Would a Prenup Be Invalid?

There are several reasons why a prenup would not be valid. They include the following:

• Lack of voluntary consent. If one party was coerced, pressured, or manipulated into signing the prenup, the prenup may be invalidated. Both parties must enter the agreement willingly.
• Failure to disclose assets. Full financial disclosure is essential. If one spouse hides assets, undervalues property, or omits debts, the agreement may be thrown out.
• Unconscionable terms. Courts can reject prenups that are extremely unfair or leave one spouse with almost nothing, especially if the circumstances have significantly changed since signing.
• Improper execution. A prenup must comply with state laws, including being in writing, signed voluntarily, and sometimes notarized or witnessed. Any procedural errors can invalidate it.
• Lack of independent legal counsel. While not always required, having separate attorneys for each party helps prove fairness and informed consent. Without this, one spouse may later claim they didn’t fully understand the terms.
• Fraud or misrepresentation. If either party lies about finances or intentionally provides false information, the agreement can be voided.
• Invalid provisions. Prenups cannot include clauses that violate public policy, such as waiving child support rights or unreasonably dictating personal behavior.

Speak with a Tennessee Prenup and High-Asset Divorce Attorney

Prenuptial agreements can be helpful in a divorce. They can ensure both parties have adequate assets to move on from the marriage. A Murfreesboro divorce attorney from David L. Scott can help you decide if a prenup is the best option for your marriage. Contact us via (615) 896-7656 or online here to schedule a consultation.