Pre-Nuptial Agreements

In Tennessee, our Courts will enforce Pre-Nuptial Agreements only if they meet certain legal criteria. 

As a divorce attorney, I see many battles fought over bank accounts, retirement accounts, and real estate owned before marriage. If you and your spouse’s names are on your bank account or real estate, it will be marital property.

And when you divorce, it may be too late to undo it, and you just made separate property – marital.

A well-drafted Pre-Nuptial saves you thousands upon thousands of dollars in the end.

A good agreement sets out exactly what property remains separate from the beginning. It also can set out whether or not you or your spouse will have to pay alimony.

I often receive calls asking if a pre-nuptial agreement is needed; I recommend getting one. Given how costly divorce can be and the fact that 50% of marriages end in divorce, it is only smart to consider preparing this agreement. Especially if this is a second marriage and you both have children from prior marriages.

If you decide to have us prepare a Pre-Nuptial Agreement, the law requires you to disclose your assets fully. If you don’t, the agreement can be voided. Do not hide anything. The law also requires representation by an attorney.

Our firm often prepares the Pre-Nuptial Agreement for one of the parties to ensure all the legal requirements have been met. We then can arrange for your spouse to have the agreement reviewed by a separate attorney. This ensures it will hold up in Court.

While the last thing you may want to think about when you are preparing for marriage is a Pre-Nuptial Agreement, believe me, when you are sitting next to us in Court, and the Judge gives away ½ of your retirement, you are going to wish you had considered this simple agreement.

It’s worth every penny and then some. If you need a pre-nuptial agreement, contact us at https://www.kane-law.com/contact-us/