Straightforward PreNup Held Valid

Tennessee case summary on prenuptial agreements in divorce.

Abbie Joseph Howell v. Lauren Elizabeth (Bond) Howell

Eleven days before their 2011 wedding, the husband and wife in this Cannon County, Tennessee, case signed a prenuptial agreement at the office of the husband’s attorney.  At the time, they had been living together for several years.  The husband was then 54 years old and worked as a pharmacist, and the wife was 26 years old and worked as a pharmacy technician and substitute teacher.  The wife knew for several years that the husband was not willing to marry without a prenuptial agreement.

Seven years later, both of them filed for divorce.  The wife took the position that the prenuptial agreement was invalid, and trial was held before Judge Royce Taylor.  The wife argued that it was invalid because she had not signed freely and knowledgeably.

The husband testified that he had told the wife that he was unwilling to marry without a prenuptial agreement.  He explained that the house was purchased with proceeds of a life insurance policy when his first wife died, and he wanted to make sure that the house went to his children.  He also testified that he would have been willing to keep cohabitating if the wife was unwilling to sign.

The wife testified that she knew the husband wanted the agreement, but that they had never discussed the terms.  She said she was not told that she could seek independent legal advice, and that she trusted the husband.

The trial court ruled that the agreement was valid.  Since the parties had lived together, they were aware of each other’s assets, and the wife was aware that the husband wanted to protect them.  The husband’s sister had talked to the wife about the agreement, and the trial court took this into consideration.  The trial court then applied the terms of the agreement, and the wife appealed to the Tennessee Court of Appeals.

After stating the standard of review, the appeals court turned to the merits of the case.  It first turned to the issue of the sophistication and experience in business affairs of each party.  In particular, the court was looking for whether one party, due to their legal background, had an advantage over the other.

The appeals court noted that the husband was older and had some more experience in business affairs.  However, the appeals court noted that this did not place him in an advantageous position.  It noted that the wife was very bright, graduated from high school with honors, and was working on a pharmacy degree at the time.

The appeals court also pointed out that the terms of the agreement were very straightforward, and a great deal of business experience was not necessary to understand them.

The appeals court also agreed with the lower court that the length of the relationship prior to the agreement was a relevant factor in finding it valid.

It also agreed that there was no evidence of duress or deprivation of the wife’s right to advice of counsel.

For these reasons, the Court of Appeals affirmed the judgment of the trial court.

No. M2019-01205-COA-R3-CV (Tenn. Ct. App. Feb. 5,  2021).

See original opinion for exact language.  Legal citations omitted.

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