Prenuptial Agreements in Tennessee
January 23, 2026
Prenuptial agreements, or "prenups," offer couples a practical way to outline financial expectations before marriage. In Tennessee, these contracts safeguard assets, clarify debt responsibilities, and reduce conflict if the marriage ends, providing clarity during an exciting life transition.
What Qualifies as a Valid Prenup in Tennessee
Tennessee courts uphold prenups under the Uniform Premarital Agreement Act (Tenn. Code Ann. § 36-3-501 et seq.), requiring written agreements signed voluntarily by both parties. Full financial disclosure ensures fairness, preventing claims of hidden assets later. Unlike some states, Tennessee does not mandate witnesses or notarization for basic validity, though notarizing strengthens enforceability with institutions like banks.
Courts scrutinize prenups for unconscionability—terms deemed grossly unfair at signing or enforcement—and confirm neither party signed under duress, such as rushed timing before the wedding. Amending a prenup post-marriage typically requires a postnuptial agreement with similar formalities.
Key Provisions Couples Commonly Include
Prenups address marital property division, distinguishing separate property (owned before marriage or inherited) from marital assets acquired together. Standard clauses cover:
Couples often exclude personal items like family heirlooms, focusing instead on high-value or complex holdings. Thoughtful prenups promote open financial discussions early.
Enforceability Factors Tennessee Courts Consider
Judges evaluate prenups based on execution timing, independent legal advice for both sides, and equitable terms. A prenup drafted months before the wedding, with each party consulting separate attorneys, faces fewer challenges than last-minute documents. Tennessee presumes validity if properly executed, but revokes provisions violating public policy, such as child custody or support terms, those remain court-determined based on the child's best interests.
Recent case law reinforces that prenups cannot fully eliminate alimony rights but can limit duration or amount, balancing individual autonomy with fairness.
Benefits Beyond Divorce Protection
Prenups serve proactive planning, not just worst-case scenarios. They streamline probate if one spouse passes away, clarify property rights without wills, and ease blended family dynamics. For business owners, prenups shield enterprises from division, preserving legacy operations. Couples report stronger trust after these conversations, fostering lifelong financial teamwork.
Common Misconceptions About Tennessee Prenups
Many view prenups as unromantic or only for the wealthy, yet Tennessee families at all income levels use them amid rising divorce rates and economic uncertainty. Prenups do not predict divorce but prepare for possibilities, much like insurance. They cannot dictate child-related decisions, ensuring courts retain oversight where children's welfare matters most.
Steps to Create an Enforceable Prenup
Begin discussions early, at least three to six months before the wedding. Gather financial statements covering debts, assets, income, and expenses. Each partner hires independent counsel to review terms, documenting advice received. Execute the agreement well in advance, retaining copies with advisors. Review every few years or after major life events like births or business sales.
Plan Ahead with Confidence
Prenuptial agreements empower Tennessee couples to enter marriage informed and secure. Hagar & Phillips assists in drafting customized, court-ready prenups tailored to your circumstances. Contact us today at 615-874-4588 for a confidential consultation to discuss how a prenup fits your future.
