What Is a Tennessee Prenuptial Agreement?
A prenuptial agreement, also known as an antenuptial agreement under Tennessee law, is a legal document that two people sign before marriage. It outlines how the couple will handle property, debts, and financial matters in the case of divorce, separation, or death.
By creating this agreement before marriage, you can protect your individual assets, clarify financial responsibilities, and avoid disputes later.
If you’re already married and are considering an agreement after marriage, you must create a postnuptial agreement instead. Learn about the differences in our prenup vs. postnup guide.
Are Prenuptial Agreements Enforceable in Tennessee?
Yes, prenuptial agreements are enforceable under Tennessee prenup laws, TN Code Ann. § 36-3-501. To be valid, these agreements must be in writing and signed by both partners.
Tennessee courts will uphold prenuptial contracts as long as they are fair, reasonable, and entered into voluntarily by both partners.
However, if any part of the agreement is unfair or one-sided, the court may refuse to enforce that part (Randolph v. Randolph, 937 S.W.2d 815 ).
It’s also very important that both partners fully disclose their assets and debts. Courts may reject the agreement if someone hides financial information or if the prenup was signed under pressure or without enough time to review.
Although Tennessee courts do not require couples to have an attorney when creating a prenuptial agreement, they review these agreements carefully. It’s a good idea for you and your partner to seek independent legal advice to ensure the agreement is fair and clear.
Tennessee respects valid prenuptial agreements made in other states, as long as they do not violate Tennessee’s public policy.
What Can You Include in a Tennessee Prenuptial Agreement?
In Tennessee, prenuptial agreements can cover a wide range of matters such as:
- Division of property and assets, and how those will be divided between the couple if the marriage ends.
- Debt and who will be responsible for debt incurred before or during the marriage.
- Spousal support (alimony), such as agreeing on the type, amount, or duration of support or waiving the right to receive support.
- Estate planning and inheritance rights, including how property will be passed down, and making sure children from earlier relationships are provided for.
- Business interests and investments, including ownership and control of businesses or financial stakes.
- Pet custody, and who will care for the pets if the marriage ends.
In Tennessee, prenuptial agreements cannot include child custody or child support. The court decides those matters separately in the best interests of the child following the separation of the parties.
Sample Tennessee Prenuptial Agreement Form
Use the sample Tennessee prenuptial agreement form below as a starting point. Customize the template to fit your specific situation, then download the finished document in Word or PDF format.
How to Write a Prenuptial Agreement in Tennessee
To draft a prenuptial agreement that protects your interests and stands up in court, it is important to follow Tennessee’s legal requirements and clearly outline how you and your partner will handle finances, property, and support.
Here are the steps you must follow to write your prenuptial agreement.
1. Start With a Tennessee Prenuptial Agreement Template
Using a prenuptial agreement template explicitly designed for Tennessee is the best way to begin. This ensures your agreement complies with TN Code Ann. § 36-3-501 and includes all necessary legal elements.
Legal Templates offers a step-by-step questionnaire that you can use to create a customized prenup tailored to your situation within minutes.
2. Customize Your Prenup Agreement Template
After your template is ready, add your financial information. Be sure to share everything honestly. Tennessee courts might cancel the prenup if someone hides information, signs under pressure, or doesn’t have enough time to review it.
Also, clearly explain how you want to handle property, debts, and money matters during and after your marriage.
3. Decide How to Handle Property and Debts
Tennessee is an equitable distribution state, which means marital property and debts are divided fairly, not necessarily equally, during divorce (TN Code Ann. § 36-4-121).
Your prenuptial agreement can override default rules by:
- Defining what counts as separate versus marital property.
- Stating how debts before and during marriage will be managed.
- Protecting business interests and investments.
Setting these terms ahead of time can avoid disputes and clarify expectations.
4. Clarify Spousal Support
Your prenup can include terms for spousal support, such as the amount, duration, or waiving the right to support. Courts review these provisions for fairness under TN Code Ann. § 36-5-121.
Remember, Tennessee law does not allow you to limit or give up child support in a prenup. Courts decide child support based on what is best for the child (Barnhill v. Barnhill, 826 S.W.2d 443 (Tennessee Court of Appeals 1991)).
5. Sign Before the Wedding
To be legally valid in Tennessee, the prenuptial agreement must be signed by both parties before the marriage.
Tennessee doesn’t require you to wait a certain amount of time between signing your prenup and getting married. However, if you sign the agreement very close to the wedding date, a court might question whether you signed it freely and without pressure.
Signing well in advance of the wedding helps ensure the agreement was entered into voluntarily and without pressure.
