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Far from being something reserved just for celebrity couples and marriages between wealthy business owners, prenuptial agreements can help strengthen just about any couple’s relationship provided they go about drafting one in the right way. With that in mind, though, there are many legal rules and restrictions that Tennessee residents must follow when creating these kinds of contracts, as well as numerous personal considerations they should take into account throughout the process.
Assistance from a Red Bank prenuptial agreements lawyer could go a long way towards ensuring your contract is legally valid, covers everything you want it to, and respects both your rights and those of your spouse. Even if you are unsure whether a “prenup” is right for your specific relationship, a conversation with an experienced family law attorney could give you the clarity you need to best preserve your interests.
In broad terms, courts in Tennessee will generally only enforce prenuptial agreements that they believe are fair to both parties. More specifically, this first and foremost means that both parties must have been intellectually able to understand what they were signing off on, as well as free from any coercion or duress during the drafting or signing process—in other words, free of any circumstances that might have made them approve a document that did not serve their best interests.
Furthermore, as part of the drafting process, both parties to a prospective prenuptial contract must fully disclose all their property, debts, and financial assets to each other, without leaving anything out or changing any pertinent details. A failure by either party to do this will almost certainly lead to a court refusing to approve the final order or enforce an order already in place.
Along the same lines, courts generally tend to look more favorably upon prenups where both parties retain their own independent legal counsel and seek advice from separate tax professionals and/or accountants. If one party cannot afford an attorney while making a prenuptial agreement in Red Bank, it is often in the wealthier party’s best interests to pay for independent legal counsel to act on their spouse’s behalf to ensure the final agreement is fair.
In Tennessee, prenuptial contracts can address virtually every financial matter related to marital property and personal financial interests, including but not strictly restricted to:
Court precedent currently holds that prenuptial contracts can limit or waive either party’s right to seek alimony after a possible future divorce, as well as set out the signing parties’ preferences regarding child custody and/or support. As a seasoned prenup lawyer in Red Bank could explain, though, courts retain ultimate authority to decide whether a preferred custody and/or support arrangement is in the best interests of the involved child, and may override any agreement that does not meet that standard.
Making a prenup does not at all mean your marriage is doomed to end in divorce. In fact, addressing common marital issues long before they have a chance to disrupt your relationship could be key to preserving your marriage’s long-term health.
Whatever your unique circumstances and needs are, a Red Bank prenuptial agreements lawyer could help you protect and provide for them. Call today to set up a consultation.