Do You Know How To Ask for a Tennessee Prenuptial Agreement?

“Of course I love you, but I have this prenup for you to sign…” There may not be an easy way to approach that first conversation about a Tennessee prenuptial agreement, but there are certainly a few poor ways to go about it.

But We’re Getting Married Tomorrow!

You are engaged and getting married soon. You decide to spring the prenup agreement on the one you plan to spend the rest of your life with. Waiting until the ceremony is arranged, the hall is rented, and the RSVPs are coming back is a little late to introduce a prenup. The pressure of not going through with the wedding can cloud your soon-to-be spouse’s judgment. Offering the agreement at this late date could also undermine still delicate trust-building going into the marriage. A surprise like “who gets the marital home if we split up” can be a real game-changer.

Planning a romantic dinner before asking for a TN prenuptial agreement?

Furthermore, a prenuptial agreement should be carefully examined by each party’s licensed Tennessee family attorney. If poorly drafted, a prenuptial agreement could have unexpected consequences and, if it does not satisfy the legal requirements, may be void or unenforceable in the event of a divorce.

To learn more about Tennessee law on prenuptial agreements visit our website or watch this Fox 13 interview with Memphis TN lawyer, Miles Mason, Sr.

Can I Get You Another Cocktail While You Look That Over?

You have the entire evening planned out. Cocktails, nice dinner, a few glasses of wine with the meal, finish dessert, pour the cognac. Then slide the prenuptial agreement over and ask your fiancée to sign it, standing by in case she needs to wash it down with another cocktail.

Bad idea. (Not the dinner part, the prenup part.) Assuming the slightly sloshed fiancée signs the agreement, the execution may be subject to heightened scrutiny in a divorce at the behest of the then less-propertied spouse.

Several questions will need answering. They revolve around the issue of what is equitable, or fair. Questions go to the fairness of the agreement and the situation in which it was executed. Did the less-propertied spouse have a reasonable opportunity to obtain an independent legal opinion before signing the prenuptial agreement? Did the more-propertied spouse fully disclose assets, with valuations, within the prenup itself?

Just Sign Here, We’ll Talk About It After the Honeymoon

Prenuptial agreements are just that, “agreements.” Persuading the one you love to “Sign here, we’ll talk later” is a far cry from the transparency needed for these pre-marital contracts.

In Tennessee, as with most states, all terms should be negotiated by the parties. Facts and circumstances should be disclosed and explained. Opportunity should be provided to make further investigations when needed. With both parties retaining independent legal counsel to:

● Assist with negotiations;

● Provide language for modification under desired circumstances;

● Ensure that the agreements reached are reflected accurately in the final legal instrument; and

● Ensure that the prenup is binding on both spouses.

Aside from the parties’ personal objectives (for example, to pre-determine the property division, to limit alimony if the marriage is short-lived, or to pre-arrange supplemental child support), negotiations should consider issues of fairness, full disclosure, and enforceability in the event they decide on legal separation or on ending their marriage with divorce.

Prenuptial Agreements in Memphis TN

Memphis divorce attorney, Miles Mason, Sr., practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC. Check out The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know, available on Amazon and Kindle. To schedule your confidential consultation, call us today at (901) 683-1850. For analysis, updates, and case law summaries, see the Prenuptial Agreement category of our MemphisDivorce.com Tennessee Family Law Blog.