Understanding Prenups: Avoiding Common Challenges in Tennessee

Dan Taylor on What Makes a Prenuptial Agreement Valid—and Enforceable

Prenuptial agreements can be a useful tool in protecting both parties' interests before marriage, but as family law attorney Dan Taylor explains, they must meet specific legal standards to be enforceable—especially in Tennessee.

“A prenup must be entered into knowledgeably and without coercion,” Taylor says. That means no pressure tactics like threatening to cancel the wedding the day before if the agreement isn’t signed. Each party must enter into the agreement willingly, with a clear understanding of its terms.

One of the most common reasons prenups are challenged? Lack of financial disclosure. That’s why Taylor strongly recommends including a schedule of assets and debts—a comprehensive list of what each party brings into the marriage. Without it, the agreement can be deemed invalid.

Another hot topic: alimony. Some prenups include waivers of alimony altogether, or conditional amounts based on years married. These are generally enforceable in Tennessee unless they would leave one spouse financially destitute. “If it renders someone a public charge, that part can be challenged,” Taylor notes.

Clarity, fairness, and transparency are the keys to a strong prenup.

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