Prenuptial Agreement Attorney in Kingsport, Tennessee

If you’re engaged, you know this is an undeniably exciting time in your life. It’s also a time that can bring with it many hopes and concerns about your future. For some couples, this means addressing the issue of prenuptial agreements and whether they’re right for you. Whether signing a prenuptial agreement is something you and your fiancé are discussing together, or you’re educating yourself in anticipation that your partner may ask for one, you’ll need to work with a skilled family law attorney.  

If you’re in the Kingsport, Tennessee, area, including Church Hill, Johnson City, Bristol, or anywhere in Northeastern Tennessee, contact me, Steven C. Frazier, Attorney At Law, to learn more.  

Prenuptial Agreements in Tennessee

A prenuptial agreement (also called a marital agreement) is a legally-binding document that lays out each spouse’s instructions on what should happen with their assets and debts both during the marriage and if the marriage should end in divorce. 

What should a prenuptial agreement cover? 

A prenup can be custom-tailored to reflect the needs of the couple, but some common information includes: 

• Identifying what assets and debts should be considered “separate” in the eyes of the law 

• Stipulating how much alimony should be paid if the marriage ends in divorce 

• Keeping certain assets in the family of one spouse, be it property or business holdings 

• Setting aside certain assets for children from a previous relationship 

What don’t they cover?

A prenup cannot lay out any terms regarding child custody, child support, or parenting time arrangements. These will always be decided at the time of the divorce, and a judge will always consider the best interests of the child above all else. Prenups also can’t outline what each spouse is expected to do on a daily basis during the marriage, i.e., who should clean the house or take care of the pets. 

Can they be modified?

Yes, prenuptial agreements can be modified at any time as long as both spouses are in agreement about the changes. If it’s found that one spouse was coerced or threatened in any way to agree to a change, then a judge will not approve it.

Who Should Get One?

One common question I get from clients is, “Who should sign a prenuptial agreement?” The truth is, there’s no one “type” of person that should or should not use a prenup. However, you may want to consider using one if any of the following apply to you: 

• You have children from a previous marriage, and you want to ensure they get certain assets. 

• You want a clear sense of each partner’s financial rights during and after the marriage. 

• One spouse has considerably more debt than the other, and you want to protect your assets from this. 

• You are part of a family business, and you want to ensure it passes down to the right people. 

Why Marital Agreements Are Important

The benefits of a prenuptial agreement can far outweigh the uncomfortable conversations you may have to go through to get one. Among other things, a prenup can help you and your new spouse have open and honest talks about finances, which can help avoid conflict in the future. They’ll also help you draw clear boundaries right from the beginning, which will help both of you should your feelings for each other change down the road. 

Ensuring It’s Enforceable

Lastly, no legal document is beneficial if it’s not enforceable. To ensure your prenup is enforceable, you should always work with a reputable attorney. You’ll also need to make sure that both parties have signed it knowingly and willingly. For instance, if a judge finds that a prenup greatly advantages one partner over the other and that spouse wasn’t able to hire a lawyer to consult with, they may not enforce it. If a prenup is found to be fraudulent or contains information that’s not allowed, then a judge likely won't uphold it.