Tennessee Law On Prenuptial Agreements
This law is due to the 1983 Pre-Brand Agreement Uniform Act, but the application and specific language will vary from state to state. If you are planning to get married and devise a marriage pact, discuss the terms with your partner, and soon call a Franklin family attorney. A professional and experienced lawyer will help you design and enter into a marriage pact. In addition, a validly negotiated support supplement may be waived if the amount and duration of support impoverish the financially disadvantaged spouse. It is an obligation to ensure that the spouse, who is financially disadvantaged, is not forced to apply for public assistance under an unacceptable marriage agreement. This is by no means an exhaustive list, as each pair is unique. However, the provisions relating to the children of marriage cannot normally be included in the marital agreements. Custody, child custody and home visiting matters fall within the jurisdiction of the court to ensure that the best interests of a child are taken into account in such decisions. When you start a new life with someone, you can never think about what will happen if the marriage fails. But by an agreement with your spouse both before and during the marriage, you not only protect yourself if something happens with the marriage, but your spouse will also be protected. Martin Heller Potempa-Sheppard`s family lawyers, PLLC, helped couples across the Nashville area negotiate, draft and execute marriage contracts. These contracts may set conditions for important decisions, including the distribution of assets and assistance to spouses, in the event of a dissolution of a marriage. Even if both spouses understood what they agreed with, there could be reasons to challenge a marriage agreement if it contains provisions that are grossly unfair to a party.
If a spouse will be granted almost all of the matrimonial estate, it is likely that this conjugal agreement will be considered too one-sided to be applied. In addition, marriage contracts generally cannot relate to custody issues, since custody is an issue that must be decided in the best interests of the child and not in the best interests of the parents. Tenn. Code Ann. P. 36-3-501 (2007) recognizes marital agreements and authorizes the courts to enforce them. These agreements may include a large number of financial considerations and asset divisions that may arise in the event of divorce. Some of them are: a marital agreement can determine which property is considered a non-marital property and which property is considered marital. A marital agreement can also protect one spouse from the debts the other spouse brings to the marriage.
A person may also retain control of his estate plans and family inheritances in a marital contract. In Tennessee, marital agreements generally follow the Prenuptial Agreement Act of 1983, although there is a self-governing status of Tennessee. Negotiating the terms of a conjugal agreement is complicated, unless the lawyer has the experience of making those documents. There are many variations in the marriage clauses, and all conjugal agreements are basically tailored to the specific needs of the couple. The property must be identified as distinct and marital, and these definitions differ according to the couple`s needs.