Hendersonville Prenuptial Agreement Lawyer
A prenuptial agreement is a contract between a couple that is entered into before marriage. Couples use prenuptial agreements to define their marital rights in property. For older couples who may be entering a second marriage, a prenuptial agreement protects their separate assets for the children of their previous marriages. Although some people are skeptical about the value of prenuptial agreements, with open financial disclosure and experienced legal guidance, they can be a valuable tool in protecting your future interests. For more information about prenuptial agreements, you should speak to an experienced Hendersonville family law lawyer.
- At Burdine Law Firm, our principal, Hannah Burdine, has devoted 15 years of her legal career to family law issues including prenuptial agreements.
- Our knowledgeable Hendersonville prenuptial agreement lawyers will make you a priority from the first day of representation until your case is resolved.
- We have earned a well-deserved reputation as dedicated family law attorneys who deliver well-reasoned solutions to our client’s family law issues.
If you need help negotiating, drafting, or litigating a prenuptial agreement, the Hendersonville prenuptial agreement lawyers at Burdine Law Firm can help you. For more information about how we can help you, call us today at (629) 529-4615 to schedule a consultation.
Elements of a Valid Prenuptial Agreement Under Tennessee Law
Under Tennessee state law, a prenuptial agreement is valid as long as both parties signed it “freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse” (TN Code § 36-3-501 [2021]). Both parties are required to make full and fair disclosure of the nature, extent, and value of their assets and liabilities. The party seeking to enforce a prenuptial agreement has the burden to establish that the agreement was signed under these elements. Your Hendersonville prenuptial agreement attorney will ensure that all precautions are taken to adhere to the legal requirement of a prenuptial agreement so that it stands up to the court’s scrutiny if it is ever challenged.
Can You Challenge a Prenuptial Agreement in Hendersonville?
While the courts will generally respect a prenuptial agreement freely entered into, the courts may set the agreement aside under certain circumstances. If the court finds that the spouse challenging the agreement did not have independent knowledge of the full nature, extent, and value of the other spouse’s assets, the court may set aside the agreement. Some factors the court considers to determine whether the challenging spouse was fully informed before signing the agreement include:
- The spouses’ respective sophistication and experience in business, financial, and legal affairs
- The duration of the relationship before the agreement was signed
- The time the agreement was signed in relation to the time of the wedding
- The spouses’ representation by, or opportunity to consult with, their own independent counsel before signing the agreement
Call our Experienced Hendersonville Prenuptial Agreement Lawyers
Whether you are negotiating a pre or postnuptial agreement, or seeking to challenge an existing agreement, the Hendersonville prenuptial agreement lawyers at Burdine Law Firm can help you. Our skilled prenuptial agreement lawyers will help you manage the process to get to a resolution that protects your interests. Call Burdine Law Firm today at (629) 529-4615 to schedule a consultation.