Marriage contracts and their contents are often one of the most important decisions you and your future spouse will make before the wedding. Marriage and marriage contracts once carried some stigma, but in recent years have proven to be a guiding document for an experienced couple for the separation of property in their couple. Married couples may need help under the conditions they will respect if they decide to divorce. A reliable and honest family law attorney in Nashville can help you decide what is in your best interest. If you`d like to learn more about marriage contracts, it`s a good idea to speak to a local family law attorney who can explain how Tennessee`s marriage contract laws apply to your unique situation and provide legal advice on how to proceed. Good luck. Read what`s at the top. If you want a marriage contract, you need to learn the rules of how you work. For an agreement to be enforceable, both parties would need to have legal representation and full financial disclosure. Don`t wait until the last minute. Tenn. Code Ann. § 36-3-501 (2007) recognizes marriage contracts and authorizes the courts to enforce them.
These agreements can include many of the financial considerations and wealth partitions that can arise in the event of divorce. Some of them are: everyone has heard of marriage contracts. Most people know why such an agreement can be a very important document. However, very, very few people really understand what marriage contracts can do, how they work, and how they can go wrong. Family lawyers are often asked, “How much does a marriage contract cost?” A simple answer to this question is actually another question: “Do you want the agreement to be applicable?” This is where the difficult explanation begins. For a marriage contract to be enforceable, there are many considerations to consider. This article discusses three of the most common reasons why marriage contracts can be annulled. In addition to the division of property, a financially dependent spouse may be required to receive support after a divorce, based on things that the spouse may have abandoned to consent to the marriage.
Maintenance plans that are fair and do not financially impoverish the disadvantaged spouse are usually upheld by the courts. Marriage contracts may contain the following provisions for alimony: In the table below, you`ll find an overview of marriage contract laws in Tennessee and links to relevant laws. Remember, while reading the actual law is important, reading an overview of the law can be a very useful addition. Each state has laws that apply to marriage contracts, some of which are more specific than others. For example, in Tennessee, the law specifically addresses the applicability requirements of a marriage contract (see table below), but has no other laws in the books that discuss pre-marital agreements in detail. Often, one or both parties own complex assets or inherited money. An agreement with discounts that include assets such as a business, stock options, or a portfolio of rental properties may require a very skillful design. Another situation requiring a tailor-made agreement is one in which the couple expects the conclusion of a joint venture or other financial transaction.
Making sure any eventuality is addressed can be quite a challenge. Experience has taught us that we never know what the future will do. In these situations, the use of so-called “standard” or “boilerplate” provisions may give rise to more disputes than if no marriage contract were concluded. The state of Tennessee has laws about what will happen to your property if you divorce. While you probably don`t even consider the possibility of a divorce leading to your marriage, it`s important to protect yourself if the unthinkable happens.