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A prenuptial agreement is a smart way to protect your assets and clarify financial expectations before marriage. At Becker Law Firm, we help Tennessee couples create fair and enforceable prenups.

What is required for a valid prenuptial agreement?

A valid prenuptial agreement can be simple in its articulation, but complex in its preparation. The creation of a valid prenuptial agreement in Tennessee requires that you have complete disclosure, consideration, and representation. If you rush through the preparation, you create risk that something is missed or not adequately addressed. Additionally, like any other contract, neither party can be coerced or under duress at the time of the signing of the agreement.

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What is full disclosure?

Both parties must disclose all of his or her assets and debts. If either party fails to disclose any asset or debt, that can be grounds for setting aside the prenuptial agreement or simply dividing the undisclosed asset.

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What is consideration?

Any prenuptial agreement must be supported by something known as "consideration." This is simply the thing that you are giving in exchange for the thing you are receiving. In most cases with a prenuptial agreement, the consideration can be something as simple as marriage if you are not otherwise obligated to get married.

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Do I need an attorney?

In short, yes. Do not use the same attorney as your prospective spouse. The terms of the agreement must be fair and reasonable at the time it is signed to ensure its validity. To ensure this, get your own attorney to review the agreement.

Exploring Postnuptial Agreements: Options After Marriage in Tennessee

While prenuptial agreements are made before marriage, Tennessee law also recognizes postnuptial agreements. These agreements, created after the marriage, address similar issues of property division and spousal support. They can be more complex than a prenuptial agreement because of the element of consideration. In Tennessee, remaining married may not be enough to have valid consideration. Becker Law Firm can guide you through the process of creating a valid postnuptial agreement to protect your interests.

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This site provides general information about our Tennessee employment and family law practice. Nothing on this site constitutes legal advice, and viewing it does not create an attorney–client relationship. Do not send confidential information until an engagement agreement is signed. Past results do not guarantee future outcomes.

1038 Oakhaven Rd.

Memphis, TN 38119

901.881.6205