Video Summary:

For a prenuptial agreement to be legally valid in Tennessee, it must meet several requirements: it must be entered into voluntarily, without duress or coercion, and must fairly disclose each party’s assets and debts. One of the most common challenges to prenups occurs when one party was pressured into signing or when financial disclosures were incomplete. Additionally, while alimony waivers can be included, they cannot leave one spouse in a financially destitute position. Courts may strike down or modify agreements if they are found to be unfair or improperly executed.

Video Transcript:

I recently handled a case involving a challenge to a prenuptial agreement, which highlights the key requirements for a prenup to be legally enforceable.

To be valid, a prenuptial agreement must meet the following conditions:

• It must be entered into voluntarily, with no duress or coercion.

• Both parties must fully disclose their assets and debts before signing.

• The agreement must be clear, fair, and equitable.

One of the most frequent reasons prenups are challenged is because they were presented too close to the wedding date, creating pressure to sign. Additionally, failing to properly disclose financial information can render an agreement unenforceable.

Prenups often include alimony waivers, which may outline specific payments based on marriage duration or eliminate alimony altogether. While such waivers are legal in Tennessee, courts will not uphold them if they leave a spouse in a financially destitute position. If an agreement would result in one spouse becoming dependent on public assistance, the court may modify or void that portion of the agreement.

Ensuring a prenuptial agreement is properly executed and fair is critical to its enforceability in court.