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Knoxville Divorce Lawyers

Knoxville Prenuptial & Postnuptial Agreement Attorney

Protect Your Future with a Tailored Prenuptial or Postnuptial Agreement

Planning your financial future? Whether you’re preparing for marriage or reevaluating your marital finances, a prenuptial or postnuptial agreement can provide clarity, protect assets, and reduce conflict should life take an unexpected turn.

In Tennessee, these agreements are governed by strict legal standards. A well-crafted nuptial agreement can give you peace of mind and protect your interests — but only if it’s done right. That’s where experienced legal counsel makes all the difference.

What Are Prenuptial Agreements?

A prenuptial agreement (often called a “prenup”) is a written contract entered into before marriage that defines how property, debts, and financial issues will be managed if the marriage ends. Prenups are commonly used to:

  • Protect premarital assets such as homes, investments, or family heirlooms

  • Clarify financial responsibilities during marriage

  • Address how debts will be allocated between spouses

  • Establish terms for spousal support in the event of a divorce

For a prenup to be enforceable in Tennessee, both parties must sign the agreement voluntarily, with full financial disclosure and without duress or coercion.

What Are Postnuptial Agreements?

A postnuptial agreement (or “postnup”) functions much like a prenup, but it’s signed after the marriage has already taken place.

These agreements can be especially useful if:

  • Financial circumstances change significantly after marriage
  • One spouse inherits a large asset or assumes a business
  • Couples want to reset financial expectations
  • There’s a desire to protect separate property acquired during marriage

Unlike prenups, postnuptial agreements require valid legal consideration — something of value that each spouse receives in exchange for signing the contract. Tennessee courts will review postnups carefully to ensure fairness and voluntariness.

Why Get a Prenuptial or Postnuptial Agreement in Tennessee?

Both prenups and postnups serve to:

  • Reduce uncertainty about property division and spousal support
  • Minimize costly litigation if a divorce occurs
  • Encourage open financial communication between partners
  • Protect individual assets, business interests, and inheritance goals

Because Tennessee follows equitable distribution rules — meaning courts divide marital property fairly (but not always equally) — having a clear agreement in place can greatly simplify divorce proceedings.

What Tennessee Courts Look For

To uphold a prenuptial or postnuptial agreement, Tennessee courts will examine whether:

  • Both parties entered the agreement freely and knowingly

  • There was full disclosure of assets and debts

  • The terms are fair and reasonable

  • There was no fraud, duress, or coercion during signing

Without meeting these standards, a court may refuse to enforce the agreement — leaving you exposed to default state rules on property and support.

Why You Need an Attorney

Prenups and postnups are legal contracts, and like all contracts under Tennessee law, they require careful drafting to withstand scrutiny in court.

A knowledgeable family law attorney can:

  • Explain complex legal requirements and state law
  • Help negotiate terms that protect your interests
  • Draft clear, enforceable agreements tailored to your unique situation
  • Advocate for you if the agreement is challenged during a divorce

Attempting to draft a nuptial agreement without legal guidance — especially in a high-asset or complex financial situation — may result in an agreement that a court will not uphold.

FAQs About Tennessee Prenuptial & Postnuptial Agreements

Can we modify an existing agreement later?

Possibly. Prenups and postnups can generally be modified if both parties agree, but the modification must also satisfy Tennessee legal requirements, especially for postnuptial changes.

What if my spouse refuses to honor the agreement?

You can pursue enforcement through the courts. Valid agreements are typically upheld, but having an attorney handle enforcement can make the process smoother.

Can these agreements address things like child custody or child support?

No. Courts will determine custody and support based on the best interests of the child — these matters cannot be decided in a nuptial agreement.

Contact A Prenuptial & Postnuptial Lawyer in Knoxville For Help

Whether you’re planning for marriage or seeking to clarify financial expectations after marriage, a prenuptial or postnuptial agreement is a powerful tool — when backed by knowledgeable legal counsel.

Contact our The Barnett Firm team today for a consultation and learn how we can help you draft and protect agreements that stand up in court and secure your financial future.

The Barnett Firm

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