Prenuptial Agreements in Tennessee

The following is the text of Tennessee’s main statute regarding prenuptial agreements. For more specific information about prenuptial agreements in Tennessee, please visit Herston on Tennessee Family Law. To schedule a consultation where you can discuss your specific situation, please do not hesitate to contact Mr. Herston.

Tennessee Code Annotated § 36-3-501 (“Enforcement of Antenuptial Agreements”)

Notwithstanding any other provision of law to the contrary, except as provided in § 36-3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse. The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms.

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