615-896-4154 800-673-1947

Should a prenuptial agreement be on your premarital to-do list?

Are there lessons about marriage that our family law and divorce lawyers have learned from helping clients? Absolutely.

First, we recommend that a checklist be prepared not just for the wedding ceremony, but the marriage itself. If a ceremonial party is important enough to warrant careful advance planning, surely planning a lifetime together deserves the same treatment. A couple has freedom to select the topics that will go on the checklist, but we advise that financial assets, parenting expectations and conflict resolution make the cut.

Tennessee law allows for prenuptial agreements, and that legal framework can be a great starting point for financial discussions. As with any contract, the parties cannot contractually agree to terms that contradict applicable laws, such as child support obligations. However, the parties can agree in advance to protections from each other’s debt obligations. Without a prenuptial agreement, creditors might attempt to seize marital property to collect on a spouse’s debt, even if the other spouse had no involvement. 

A prenuptial agreement can also preserve existing assets and intended inheritances. For example, an individual with children from a previous relationship may want to ensure that some of his or her assets will pass to those children. Without a prenuptial agreement, the default outcome after one spouse’s passing might be a transfer of all his or her assets to the other spouse.

A prenuptial agreement can also clarify that all preexisting assets will remain separate from the marital estate. This may be especially important regarding investments or business assets, which might otherwise be characterized as martial property due to their continued existence and/or operation during the marriage.

Source: FindLaw, “Prenuptial Agreements,” copyright 2016, Thomson Reuters

No Comments

Leave a comment
Comment Information
  • Rated BestLawyers Of America Since 2007
  • Criminal Trial Lawyers Association | CTLA
  • National Association Of Criminal Defense Lawyers | NACDL
  • National Academy Of Family Law attorneys | NAFLA
  • The National Trial Lawyers | Top 100
  • Tennessee Bar Association | TBA
  • Super Lawyers | 2018
Email Us For A Response

How can we help you

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Murfreesboro Office
302 North Spring Street
Murfreesboro, TN 37130

Toll Free: 800-673-1947
Toll Free: 800-673-1947
Phone: 615-896-4154
Fax: 615-896-4152
Murfreesboro Law Office Map

Murfreesboro Office
Mailing Address
PO Box 398
Murfreesboro, TN 37133

Toll Free: 800-673-1947
Map & Directions

Located close to the county courthouse.