Prenuptial Agreements
Protecting Your Future with Prenuptial & Postnuptial Agreements
At Hamer & Taylor, we help individuals and couples create legally sound prenuptial and postnuptial agreements to protect their financial interests and ensure clarity in their marriage. Whether you are entering a marriage and want to safeguard personal assets, business interests, or inheritance, or are already married and need to establish financial agreements, our experienced attorneys will guide you through the process with care and precision.
A well-drafted prenuptial or postnuptial agreement provides peace of mind, ensuring that both spouses understand their financial rights and responsibilities. We work closely with our clients to ensure that these agreements are fair, enforceable, and tailored to their unique circumstances.
What does it take to make a prenuptial agreement valid? Get the facts you need.
In this video, Dan Taylor explains what makes a prenuptial agreement legally valid and enforceable. For more details on specific topics, visit our Video Library to explore additional resources.
Requirements for a Valid Prenuptial Agreement
As Dan Taylor explains above, a prenuptial agreement must meet certain legal requirements to be considered valid and enforceable in Tennessee. These include:
Full financial disclosure – Each party must fully disclose their assets and debts before signing. A lack of disclosure is one of the most common reasons prenups are challenged in court.
No coercion or duress – The agreement must be entered into voluntarily, without pressure or threats (such as forcing a spouse to sign the night before the wedding).
Fair and equitable terms – While prenups can include waivers of alimony, they cannot leave one spouse in financial hardship. If an agreement would make a spouse dependent on public assistance, the court may strike it down.
At Hamer & Taylor, we ensure that your prenuptial agreement is legally sound, transparent, and protective of your rights, giving both parties clarity and confidence moving forward.
When should a couple consider a postnuptial agreement? Let’s dive in.
In this video, Anne Hamer discusses when a postnuptial agreement might be the right choice for you. For more details on specific topics, visit our Video Library to explore additional resources.
When to Consider a Postnuptial Agreement
Postnuptial agreements can be more complex than prenuptial agreements because they are created after marriage. As Anne Hamer explains, courts require legitimate consideration—a valid reason—for a postnup to be enforceable. One common scenario is reconciliation after a separation or pending divorce. If one spouse is considering filing for divorce but agrees to stay in the marriage under certain terms, a postnuptial agreement can legally establish those terms.
Postnuptial agreements can also address:
Financial restructuring within a marriage
Clarifying asset ownership after a significant financial event (such as selling a business or receiving a large inheritance)
Updating financial agreements due to career changes or major life events
However, postnuptial agreements cannot be used unfairly—for example, asking a spouse to sign one simply because they have come into wealth would not hold up in court.
At Hamer & Taylor, we help clients create strong, enforceable postnuptial agreements that protect both parties while respecting the integrity of the marriage. If you are considering a prenuptial or postnuptial agreement, our team is ready to provide experienced legal guidance and ensure your financial future is secure.