Franklin Prenuptial Agreement Attorney
A prenuptial agreement is a binding agreement between a couple before they get married. A prenuptial agreement documents the couple’s assets and specifies how their assets and debts will be handled in the event of divorce, separation, or death. 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. At Burdine Law Firm, while our Franklin prenuptial agreement attorneys understand the sensitive nature of prenuptial agreements and use every conciliatory effort to ease the process, our primary objective when representing you is to protect your best interest.
- At Burdine Law Firm, our Tennessee family law lawyers are knowledgeable in all aspects of family law and understand the intricacies involved in prenuptial agreements.
- We understand the impact that the subject of a prenuptial agreement can have on an impending marriage and we handle each case with sensitivity to reach an agreement that protects our clients’ best interest..
Whether you need help preparing or negotiating a prenuptial agreement, the Franklin prenuptial agreement lawyers at Burdine Law Firm can help you. For more information about how a skilled family law attorney in Franklin can help you, call us today at (629) 529-4615 to schedule a consultation.
Why Would I Need a Prenuptial Agreement?
Many people have only heard of prenuptial agreements in relation to wealthy individuals who want to prevent a gold-digging spouse from taking all of their money. However, prenuptial agreements serve many purposes, including helping people of more modest means.
Some of the most common reasons why people choose to draw up prenuptial agreements include:
- They went through a rough divorce before that did not provide the type of financial resources they needed to move confidently into their next chapter of life.
- They have children from a previous relationship they want to protect.
- They have separate property they obtained before the marriage, which they want to protect and keep from claims from a new spouse.
- They own a business or professional practice they want to protect.
- They value financial transparency and want clear expectations regarding their and their spouse’s financial responsibilities during the marriage.
If any of these situations apply to you or you have financial interests you want to protect in case of death or divorce, a Franklin prenuptial agreement attorney from our law firm can discuss the matter with you.
What Should a Prenuptial Agreement Include?
Financial disputes are a leading cause of divorce. Prenuptial agreements can clearly disclose each spouse’s financial position before the marriage, establish an understanding of each spouse’s financial duties during the relationship, and create a plan in case of divorce or death.
A prenuptial agreement can provide details about how property should be divided after divorce or death in a way that differs from state default rules. As such, this type of agreement should be customized to the unique needs of the couple. Some aspects that a prenuptial agreement may cover include:
- Disclosures of separate property and debts – The spouses must enter into the agreement voluntarily for it to be valid. They must be aware of the other spouse’s holdings and financial situation to make an informed decision about whether to enter into the agreement.
- Plans for property – The agreement should provide specific details about how separate and marital property will be handled in case of divorce.
- Estate plans – Prenuptial agreements can also be a valuable estate planning tool. They can include information about how property is dealt with after one of the spouses dies or requiring a spouse to make a will that provides for a child or other party.
- Life insurance policies – The prenuptial agreement may instruct one or both spouses to maintain a life insurance policy with the other spouse as the beneficiary to protect their financial interests.
- Spousal support – Spouses are free to discuss spousal support or alimony in their prenuptial agreement. They can work with a spousal support attorney in Franklin to discuss the amount of spousal support and the duration it will be paid.
The Franklin prenuptial agreement lawyers from Burdine Law Firm can sit down with you to discuss your particular needs and concerns. We can help draft an agreement that protects your interests, is legally compliant, and does not include problematic language or terms that could nullify the agreement. Let us guide you with our practical advice and technical assistance.
Can I Get a Prenuptial Agreement After Marriage in Tennessee?
A prenuptial agreement is a contract made before marriage. A prenuptial agreement, also known as a premarital agreement, provides for how financial matters, assets, future income, and debts will be handled between you and your spouse in the event of a death or divorce. A prenuptial agreement may also provide for how specific assets will be passed down to children from previous relationships. It is an agreement made before the marriage takes place. Generally, courts will respect the provisions of a prenuptial agreement provided the agreement was entered into freely, knowledgeably, and in good faith by both parties, without the exertion of duress or undue influence by either party.
If you did not sign a prenuptial agreement before the marriage and want to enter into a contract that serves the same purpose as a prenuptial agreement, you would need a postnuptial agreement. A postnuptial agreement can be made after you and your spouse are married, divorced or even legally separated. Both a prenuptial and postnuptial agreement requires that both parties to the agreement make full and fair disclosure of all assets.
Is Your Prenuptial Agreement Legally Valid in Franklin?
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]). Your prenuptial agreement lawyer 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.
Get Help from the Franklin Prenuptial Agreement Lawyers at Burdine Law Firm
The process of negotiating a prenuptial agreement can cause stress and animosity between a couple even before the marriage begins. Our skilled Franklin prenuptial agreement attorneys will facilitate open communication between you and your partner to ensure and manage the process to get to a resolution that protects your interests. Call a specialized Franklin divorce lawyer at Burdine Law Firm today at (629) 529-4615 or contact us online to schedule a consultation.