Did you and your spouse sign a prenuptial agreement and now you are wondering if it will be enforceable upon divorce? If so, the knowledgeable family law attorneys at the Thomas Family Law Firm, PLC, can answer any questions you may have.
Whether you are seeking to invalidate a prenuptial agreement or, alternatively, wishing to have one enforced, we will explain your legal rights and litigation options. Let us help protect your rights so you can move forward with your life.
When Are Prenups Enforceable?
Couples often execute prenuptial agreements before marriage ― as well as postnuptial agreements during marriage ― in an attempt to preemptively address legal issues that may arise should they ever decide to divorce. In fact, you can use these agreements to tackle many divorce-related issues, including property division, property ownership and alimony, just to name a few.
However, it is important to remember that just because a couple has signed a prenup does not mean it is necessarily enforceable. In fact, under Tennessee law, several important conditions must first be met before your prenuptial agreement will be considered valid, including:
- The agreement must be entered into freely or voluntarily
- The agreement must be made in good faith
- The agreement must be made without the existence of duress or under influence
- The individual signing the agreement must have knowledge of the assets of the spouse who is requesting that the agreement be signed
In order to meet these requirements, the party proposing the prenuptial agreement should make every attempt to provide the contract to the other party well in advance of the marriage ― at least 30 days. Also, he or she should make an all-inclusive disclosure of his or her assets to the other party, as well as allow this other party to consult with a lawyer before signing the prenuptial agreement.
If not all of these conditions are met, the prenup may be unenforceable ― and you will need to speak with an experienced attorney.
Have Questions About Prenuptial Agreements? We Have Answers
If you have questions about litigating or enforcing a prenuptial agreement, contact the Thomas Family Law Firm, PLC. While we are located in Germantown, we serve clients in both Tennessee and North Mississippi. Call us at 901-537-0010, or email us online, to schedule your consultation today.