Nashville Prenuptial Agreement Lawyer

Prenuptial Agreement Attorney In Nashville, TN

Prenuptial agreements, also known as prenups or antenuptial agreements, can be highly valuable in matters of divorce and property division. These contracts provide clarity on how assets will be distributed if a marriage ends. Given the massive scope of property this may cover, it’s much easier to craft a reliable agreement with the help of a Nashville prenuptial agreement lawyer.

Here at Mathis, Bates & Klinghard PLLC (MBK Legal), we are a trusted legal resource in the area thanks to our progressive approach to law. Our family lawyer in Nashville understand that one major function of the law is to be proactive. By planning ahead with a proper prenuptial agreement, you can provide clarity and certainty in a marriage, even if it ends, and minimize the complications associated with tracing and dividing assets.

How a Nashville Prenuptial Agreement Attorney Can Help You

Prenuptial agreements have been around in some form since 1677, and today they’re a legal factor in every state. A Nashville prenuptial agreement attorney can provide support across all areas of the prenup process. With our prenup case experience, we can work to make your agreement clear, enforceable, and tailored to your specific needs. We can help you:

• Create a proper agreement outlining how property, assets, and debts will be distributed if the marriage ends.
• Facilitate professional discussions with you and your partner where both of your needs and concerns are heard.
• Define which assets are marital versus which are separate and establish a valuation on each if necessary.
• Check the agreement for compliance with Tennessee laws and represent you in court if needed.

A prenuptial agreement can be a wise decision for any marriage, offering clarity in an uncertain future. We guide clients from initial discussions through final execution. If necessary, we can also represent you during divorce proceedings.

Understanding the Laws Behind a Prenuptial Agreement

In accordance with Section 36-3-501 of the Tennessee Code, a prenuptial agreement is binding upon the applicable court hearing the divorce and/or property division case, which in Nashville is often the Fourth Circuit Court or Chancery Court. The agreement remains enforceable as long as it was entered into knowingly, voluntarily, and in good faith, without duress.

Without a prenup, property division can be unpredictable and subjective, relying on numerous financial and non-financial factors. Hiring a prenuptial agreement lawyer helps reduce uncertainty and conflict by clearly defining expectations in advance.

Who Should Consider a Prenuptial Agreement?

A prenuptial agreement is a wise idea for anyone who wants financial security and peace of mind about the future. In marriage, many factors can weigh on the minds of both spouses. By creating a prenuptial agreement, both individuals are able to remove the mental weight of thinking about property distribution if they go through a divorce.

In 2023, there were over 672,000 divorces nationwide. Here in Tennessee, there are about 2.9 divorces per 1,000 people, which puts the state closer to the high end of the national average. Given how common divorces are, anyone can benefit from the legal clarity a prenup offers. They can be especially useful for couples whose financial standings are vastly different or complex, as they remove the guesswork and bias from any property division that may occur

Common Misconceptions About Prenuptial Agreements

Some people view prenuptial agreements as a sign of mistrust or lack of faith in a marriage. However, about 1 in 5 couples have them, and 50% say they’re open to signing. A strong marriage is one where future outcomes are discussed openly, even if these outcomes are undesirable at the time. It’s an act of responsibility to consider a prenup, as it provides more certainty for both individuals should they choose to end their marriage.

Another misconception is that creating a prenuptial agreement is complicated. When you hire a legal professional who is highly experienced with prenup laws and specifics, they can guide you on how to craft an agreement that’s fair to everyone in a clear, professional, legally binding way.

FAQs

What Can Cause a Prenup to Be Challenged?

Many issues can cause a prenup to be challenged. Courts may look to see if the agreement was openly and willfully acknowledged in full by both individuals before signing, with no signs of duress or unjust pressure. They may also consider matters like hidden assets outside of the agreement. Proper legal counsel makes it much easier to create an enforceable prenup and defend it in court

Does a Prenup Cover Child Custody?

No, a prenup does not cover child custody. Child custody is a separate issue that the courts decide on based on the best interests of the child in relation to the parents’ history of child care, financial stability, and other factors. However, prenuptial agreements may cover financial matters related to children from previous marriages, such as payment or child support obligations and inheritances

Can a Prenup Cover Debts?

Yes, a prenup can cover debts just as it covers assets. Couples may decide how current and even future debts will be split and assigned to one or both spouses in the event they choose to terminate their marriage. When you hire a prenuptial agreement lawyer, they can advise you on how to fairly structure this aspect of the agreement, just as you would structure asset division.

Can a Prenup Be Changed?

Yes, a prenup can be changed through what is known as a postnuptial agreement. This update or revision to the original agreement can be made to address new assets like additional revenue from business growth, investments, or other sources. Some couples may choose to terminate an agreement completely, while others choose to update it as circumstances change.

Hire a Prenuptial Agreement Lawyer

When you need to plan ahead and ensure stability for you and your spouse, even if you choose to terminate the marriage, a prenuptial agreement can make all the difference. With our knowledge of prenup laws, MBK Legal can provide guidance on this important matter.

We return communications within 24 hours and offer evening and Saturday appointments. With our strong reputation and positive client feedback, you can trust us to help you move forward confidently. Contact us today to get started working with a Nashville prenuptial agreement lawyer.