Prenuptial & Postnuptial Agreement Attorneys in Franklin & Nashville

Factors That Can Invalidate a Marital Agreement 

Enforceability not only depends on the content of the agreement but also on how the parties create and execute it. Agreements made in Franklin and Nashville should comply with Tennessee’s Uniform Prenuptial Agreement Act to stand up in local courts. Marital agreements must meet specific legal requirements to be enforceable under Tennessee law. 

Several factors can cause a court to invalidate a marital agreement:

Lack of Full Disclosure

When a party does not fully and accurately disclose assets, liabilities, or income, the agreement may be invalid. Full disclosure allows both parties to make fully informed decisions. Providing detailed statements and supporting documents during negotiations can prevent claims of nondisclosure later. Failure to disclose even a small asset, like a local savings account, could put the whole agreement at risk in Tennessee courts.

Coercion, Duress, or Undue Influence

A marital agreement must be signed voluntarily. If a party can show coercion, duress, or improper influence, courts may rule the agreement unenforceable.

Unconscionability

A court can deem an agreement invalid if it is grossly unfair or extremely one-sided. While absolute equality is not required, agreements that heavily favor one party may not withstand judicial review.

Lack of Opportunity for Legal Review

Although Tennessee law does not require both parties to have attorneys, judges in Franklin and Nashville often look more favorably on agreements when each party has received informed legal advice. Obtaining separate legal guidance for both spouses during the drafting process supports transparency and helps the agreement remain enforceable.

Terms Against Public Policy

Certain parts of a marital agreement violate Tennessee public policy and are unenforceable. For example, clauses attempting to set child custody or child support amounts cannot be part of a prenuptial or postnuptial agreement. 

Fraud or Misrepresentation

Maintaining honesty throughout the process safeguards the enforceability of the agreement. In Middle Tennessee, courts will examine the transparency of each party’s disclosures and the steps taken to verify information. Adding a clause in the agreement that both parties swore to the validity of the disclosed information can further strengthen the contract against future challenges.

FAQs

How Long Does It Take to Prepare a Prenuptial or Postnuptial Agreement in Franklin?

Most prenuptial or postnuptial agreements in Franklin can be completed within several weeks, depending on the complexity of assets and the time each party needs to review documents. Starting the process early—well ahead of a wedding or major event—ensures there’s enough time for full discussion, disclosure, and legal review.

Can We Change Our Prenuptial or Postnuptial Agreement Later?

Yes, Tennessee law allows married couples to modify or revoke prenuptial and postnuptial agreements if both parties provide written consent. Changes should always be documented clearly and comply with state requirements so that local courts in Franklin or Nashville recognize the updated agreement.

Are Prenuptial & Postnuptial Agreements Enforceable in Tennessee Courts?

Courts in Franklin and across Tennessee will generally enforce prenuptial and postnuptial agreements, provided they meet legal standards for disclosure, voluntariness, and fairness. However, judges may set aside agreements that fail to comply with key requirements or attempt to decide issues reserved for the court, like child custody or support.

Experienced Legal Counsel for Your Marital Agreement in TN

The lawyers at Garrett Talley & Thorington have earned a reputation in the Franklin area over the last seven decades for providing personalized service and professional advocacy. We focus on the details, give you a strong voice in the process, and offer compassion during potentially stressful times. 

Our long-standing focus on Franklin and Nashville enables us to navigate complex local issues with confidence. We stay current on changes to Tennessee’s Uniform Prenuptial Agreement Act and related statutes that impact marital agreements, ensuring our approach aligns with evolving state laws. We also understand how local courts interpret agreements, informing both structure and negotiation strategies to help protect our clients' interests. Our tailored guidance reflects the values and priorities of our neighbors, offering open conversation and practical steps that save time, money, and heartache down the road.

Contact us today to go over your prenuptial or postnuptial agreements in Franklin & Nashville.