For a TN prenup to be considered valid, it must be drafted under specific guidelines that include:

Your prenup could be a risk if you include any of the following provisions:

In Tennessee, statutory authority to enter into prenuptial agreements is provided by T.C.A. § 36-3-501. The statute requires that the agreement be entered into “freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse.” However, that’s about the extent of the guidance. But, that doesn’t mean that there are no other requirements! The remainder of the requirements for valid prenuptial agreements can be found in the case law published by Tennessee courts. We will explore some of the Tennessee case law more thoroughly below so stay tuned!

One of the most important reasons to have a prenup is to specify what property you want to have excluded from the marital estate (in other words, property you want to remain yours in the event of divorce). So, it’s really important to understand which property is and is not subject to division upon divorce in Tennessee. Don’t worry, we’ve got you covered.  

Different states have varying requirements regarding the need for independent counsel. In Tennessee, it is not an absolute requirement. However, it is a factor that is considered when determining if the agreement was entered into knowledgeably. Not only is it a factor, but the courts have categorized it as the “best assurance” that all the legal requirements have been met and that the agreement will be enforceable in the future.

In determining whether a spouse knowingly entered into the agreement, in addition to whether the parties had independent counsel, the court will analyze the business acumen of the parties, the duration of the relationship prior to marriage, and the amount of time between signing and the wedding (just to name a few factors). This issue comes up when the validity of the prenup is challenged by one of the spouses. So, while it is not a requirement in Tennessee, having an attorney review and advise you on your potential prenup creates a stronger case for enforcement down the road.

In 2011, Abbie and Lauren, who had been living together for several years as boyfriend and girlfriend, married. Just eleven days before their 2011 wedding, the happy couple signed a prenuptial agreement at the husband’s attorney’s office. At the time, Abbie was 54 years old and worked as a pharmacist, and Lauren was 26 years old and worked as a pharmacy tech and as a substitute teacher. Lauren knew for several years prior to marriage that Abbie was not willing to get married without a prenuptial agreement.

Seven years later, the no longer happy couple filed for divorce. Lauren asserted that the prenuptial agreement was invalid, and a trial ensued. Lauren argued that the agreement should be deemed invalid and unenforceable because she had not signed freely and knowledgeably.

Abbie testified that he had told Lauren that he was not willing to get married without a prenuptial agreement, because the house he lived in was purchased with the proceeds of a life insurance policy when his first wife had died, and so he wanted to make sure that the house was left for his children from his first marriage. Lauren, on the other hand, testified that she knew Abbie wanted to get a prenup agreement before getting married, but that the couple had never discussed the terms of the agreement.  Lauren testified that she was not told that she could seek independent legal advice or counsel, and that she trusted the husband.

The court ruled that the agreement was valid and enforceable.  The court reasoned that since the parties lived together prior to marriage, they were aware of each other’s assets, and that Lauren was aware that Abbie wanted to protect those assets for his children. Lauren appealed to the Tennessee Court of Appeals.

The Tennessee appeals court noted that Abbie was older than Lauren and had some more experience in business than she did.  However, the appeals court noted that this did not place him in a more advantageous position, and noted that the wife was very intelligent, evidenced by the fact that she had graduated from high school with honors and was working on a pharmacy degree.

The appeals court reasoned that the terms of the agreement were very straightforward, and therefore business experience was not necessary to comprehend the terms of the prenuptial agreement.

The court also agreed that there was no evidence of duress during the signing of this agreement and no evidence of deprivation of the wife’s right to advice of independent counsel. The Court of Appeals affirmed the judgment of the trial court, and the prenuptial agreement was upheld.

Spoiler alert- we omitted any legal citations so that you wouldn’t fall asleep. Want to read the details, straight from the source? Check out the case here.