Franklin Prenuptial Agreement Attorney
Prenuptial agreements are contracts entered into by parties who are contemplating marriage and that deal with the resolution of issues in case of divorce, death or other events included in the agreement. Prenuptial agreements become effective upon marriage, provided they were created appropriately under Tennessee law. At Fort, Holloway, & Saylor, our experienced Franklin prenupital agreement attorneys can ably represent you in negotiations with your future spouse and draft or review a valid and enforceable prenuptial agreement custom-tailored to meet your specific needs. Give us a call to discuss how a prenuptial agreement can be of benefit to you in your upcoming marriage.
Why Have a Prenuptial Agreement
You might only hear about prenuptial agreements when they involve the rich and famous, but prenuptial agreements are entered for a variety of reasons, and any couple about to get married might want to consider a prenuptial agreement. If any of the following apply to you, it’s worthwhile to discuss a prenuptial agreement with your future spouse and your family law attorney:
- You went through a rough divorce previously and wish to avoid a repeat performance or bitter courtroom fight
- You have children from a previous marriage or prior relationship
- You own a business or professional practice, whether wholly-owned or with one or more partners
- You are entering the marriage with extensive separate property, such as a home or valuable real estate, a boat, jewelry or art.
- You want to start your new life together with a clear understanding of each other’s financial situation (assets and debts), and a mutual understanding and expectation of what should happen in case of divorce or death of either one of you
What Does a Prenuptial Agreement Do
A prenuptial agreement is a contract between the parties (the prospective spouses). As a contract, it sets out the rights of the parties regarding whatever subjects they wish to cover. Typically, a prenuptial agreement is used to accomplish one or more of the following:
- Clearly set out each party’s separate property and debts they are bringing into the marriage, and detail how that property will be dealt with
- Describe any specifics about how marital property might be divided in a divorce
- Decide issues related to alimony in case of divorce, including how much alimony will be paid and for how long, or even whether alimony will be paid at all. Some prenups provide for alimony depending on the length of the marriage or make other similar provisions.
- Protect the inheritance of a child from a previous marriage. The prenuptial agreement can require the making of a will with specific provisions for the child or new spouse.
- Require the purchase of a life insurance policy for the benefit of the spouse or a child from a previous marriage
Some of these purposes of a prenuptial agreement appear to involve estate planning as much as family law. As a law firm that handles both areas of law for Franklin families, Fort, Holloway, & Saylor is well-situated to provide you with practical advice and technical assistance to create a prenuptial agreement that meets your specific needs and goals.
What Makes a Prenuptial Agreement Valid
Tennessee law does not set out specific requirements necessary to make a valid prenuptial agreement, so general principles of contract law apply. In regards to an agreement that deals with the parties’ separate property, a provision in Tennessee law does say the agreement will be binding only if the court finds the prenup was entered into freely, knowledgeably and in good faith, without duress or undue influence. Having a prenuptial lawyer draft or review the agreement and advise you on it will not only make sure the agreement meets your needs, but taking this step can also help prove the agreement was entered into in accordance with Tennessee law.
Frequently Asked Questions About Prenuptial Agreement in Tennessee
Browse some of the most commonly asked questions regarding our prenuptial agreement lawyer services in Franklin, TN, below.
What is the best approach to a prenuptial agreement for business owners in Franklin, TN (separate property vs community-like arrangements)?
For business owners in Franklin, TN, the best approach to a prenuptial agreement is to clearly distinguish between separate property and community-like arrangements. A well-drafted prenup can protect your business as separate property, ensuring that ownership, profits, and management rights remain under your control in the event of divorce. At the same time, couples may choose to include community-like arrangements for shared assets or income generated during the marriage. Working with an experienced Franklin prenuptial agreement attorney ensures full financial disclosure, legal compliance under Tennessee law, and a balanced approach that safeguards your business interests while addressing marital expectations in Franklin, TN.
What are the legal requirements for setting up a prenuptial agreement in Franklin, TN?
To set up a prenuptial agreement in Franklin, TN, certain legal requirements must be met. The agreement must be in writing and signed by both parties voluntarily before the marriage. Both spouses must provide full and fair financial disclosure, including assets, debts, and income. The contract must not be unconscionable or signed under duress, and both parties should ideally have independent legal counsel to ensure fairness. Meeting these requirements with a skilled Franklin prenuptial agreement attorney helps ensure the agreement is legally enforceable and protects each party’s interests.
What can a prenuptial agreement in Franklin, TN actually protect?
In Franklin, TN, a prenuptial agreement can address a wide range of financial matters including real estate, business ownership, retirement accounts, investments, spousal support, and debt allocation. While it cannot legally determine child custody or child support in the future, a well‑drafted prenup helps couples set expectations and protect individual financial interests before marriage. A local Franklin prenuptial agreement attorney helps you understand what can and cannot be included under Tennessee law.
Your Local Franklin, TN Prenuptial Agreement Law Firm
The Franklin attorneys for prenuptial agreements at Fort, Holloway, & Saylor can help you negotiate, draft or review a prenuptial agreement that will be valid and enforceable in the Williamson County courts should it ever be needed. Let us help you start this new chapter in your life the right way. Call 615-791-7575 to explore your options with a skilled and knowledgeable Franklin prenuptial agreement lawyer.
