How Prenuptial Agreements Work in Tennessee

A prenup agreement may be helpful to couples who wish to protect themselves in the event they get divorced. While Miles Mason, a divorce lawyer in Memphis, can help individuals who are going through the process of dividing assets and financial rights, the process may be simplified if a prenuptial agreement is in place.

There are many reasons that couples could benefit from these agreements, which a divorce lawyer in Memphis may help enforce. This becomes much more evident if the marriage ends and there are financial disputes in the divorce process.

Prenuptial Agreements: Not Just for the Rich and Famous

While many might relate prenuptial agreements to celebrities, these days, many would probably agree that these contracts are becoming more commonplace. A lot of couples are starting to take advantage of the benefits that prenup agreements offer. Some are finding that although nobody plans to get divorced, it can’t hurt to be prepared just in case.

One thing that is appealing to couples who create a prenup is how it can be tailor-made to fit their situation and lifestyle. They don’t have to have three houses and millions of dollars in the bank; a prenuptial agreement may save a lot of arguments later on regarding assets, debts and even alimony payments.

The following are some of the reasons that couples decide to enter into a prenup agreement: 

• protection from the other person’s debts;
• a blended family in which a spouse wants to make sure his or her children receive property in the event of death;
• as a means of specifying if alimony will be paid; and
• defining each individual’s financial rights.

Without a prenuptial agreement, the state may decide what happens to property in a divorce. This can leave one spouse bearing the burden of the other spouse’s financial debts.

In a lot of cases, dealing with these issues can exacerbate the tension and stress that’s already present. What might have been a friendlier breakup could turn into serious conflict when the couple begins fighting over financial issues.

Prenup Agreements in Tennessee

While uncommon, some of these agreements may be voided if one spouse wasn’t honest about the assets when signing the contract. In the state of Tennessee, courts have established guidelines about what needs to be included in the contract for it to be valid.

Both parties must give full disclosure as to debts, liabilities, assets and more. Failure to include everything or lying about the finances could make the agreement invalid. The law also requires that neither party may compel a spouse to sign the contract under duress or by threatening him or her. This could also invalidate the agreement.

To learn more, see Tennessee Prenuptial Agreement Pros and Cons in Family & Divorce Law.

Seeking Help from Divorce Lawyers in Memphis

A prenuptial agreement isn’t the most romantic way to enter a marriage, but it could be one of the smartest. This will depend on your unique situation and if it is right for you. Some couples choose to discuss the possibility before getting married and arrive at a decision that works for them.

If you have questions about creating a prenuptial agreement or if you are having difficulties enforcing it, you may need to seek legal counsel. Don’t hesitate to contact a divorce lawyer in Memphis at the Miles Mason Family Law Group at 1-901-683-1850. What’s more, if you are facing a divorce, take advantage of our FREE eBook. It offers seven steps that are vital to making sure your rights are protected.

We understand the many concerns that couples can have when it comes to entering into a legal agreement. Have a divorce lawyer in Memphis evaluate your situation and help you determine if you might benefit from a prenup.