What Does a Prenuptial Agreement Do in TN?

There are few things worse than going through a divorce, but fortunately, there are certain actions you can take to protect yourself and your assets from the pitfalls of a divorce. Drafting a prenuptial agreement is one of those actions. Please continue reading and reach out to a competent Memphis, Tennessee prenuptial agreement lawyer from Rice Law to learn more about these agreements and how drafting one may benefit you and your family. Here are some of the questions you may have:

What does a prenuptial agreement cover in Tennesee?

Prenuptial agreements can cover a lot of ground here in the state of Tennessee. Just some of the things a prenuptial agreement can protect are as follows:

  • How property will be divided in a divorce
  • Who is entitled to certain properties in a divorce
  • How alimony will be structured in a future divorce

That said, you should note that there are certain things prenuptial agreements won’t cover. For example, you cannot outline a future child custody agreement in a prenup. You also cannot outline a future child support agreement.

What makes a prenup enforceable in the eyes of the law?

For a prenuptial agreement to be considered valid and enforceable in Tennessee, it’ll have to meet various criteria, including the following:

  • The prenup must be in writing
  • It must be entered into in good faith, with no evidence of manipulation, coercion, or deceit in signing the document
  • It must be signed by both parties
  • It must be entered into before marriage

Can I draft a prenup if I’m already married?

If you are already married, you can no longer draft a prenup. However, you can still draft a postnuptial agreement, which is a document that serves virtually the same purpose. Of course, if you’re already married, talking to your spouse about drafting such an agreement may be an uncomfortable conversation, however, as long as you both agree to it, it can save you a great deal of stress in the long run. If you’d like to learn more about drafting either of these agreements or you’d like to get started, please don’t hesitate to reach out to a seasoned Shelby County, Tennessee divorce lawyer from our firm.


If you require strong legal representation for matters of divorce and family law in Memphis or anywhere in Tennessee, contact Rice Law to schedule a consultation with one of our experienced attorneys today.