Marital Agreement Lawyers in Franklin
Clear Marital Agreements Backed by More Than Three Decades of Family Law Experience
Marital agreements allow couples to define financial expectations before or during marriage. I help clients in Franklin and Williamson County address property, debt, support, and other financial expectations through clear, comprehensive agreements. With more than three decades of family law experience, I provide information clients can use to make informed decisions.
Contact us online or call (615) 235-5620 to request an initial consultation.
Prenuptial & Postnuptial Agreements in Tennessee
If you are planning to get married or are currently married and want to define your financial rights and responsibilities, you may benefit from a prenuptial or postnuptial agreement. A prenuptial agreement is made before marriage, while a postnuptial agreement is made after the marriage has begun. These marital agreements enable couples to outline how various matters should be handled in the event of separation or divorce.
Your agreement can address several critical issues, including:
- Division of assets
- Ownership and use of property
- Allocation of debts
- Amount and duration of alimony payments
A marital agreement can also address the treatment of separate property and marital property, including property acquired before marriage, inheritances, or business interests. I can help you consider property division, debt allocation, and alimony and spousal support terms in light of your circumstances. Child custody, parenting time, and child support are determined based on a child’s circumstances and best interests at the relevant time.
Tennessee Marital Agreement Enforceability
Whether a prenuptial agreement or postnuptial agreement is enforceable depends on the agreement and the circumstances surrounding it. Under Tennessee law, a prenuptial agreement must be entered into freely, knowledgeably, and in good faith, without duress or undue influence.
Postnuptial agreements are contracts that require adequate consideration, meaning something of legal value supports the agreement. Marriage alone is not adequate consideration for a postnuptial agreement. Financial disclosure, clear terms, meaningful understanding, and sufficient time to review proposed terms can all matter when enforceability is evaluated.
Preparing a Marital Agreement in Franklin
I begin by listening to the concerns you want the agreement to address. The process may include identifying relevant financial information, discussing separate and marital property, and deciding which subjects belong in the agreement.
I can prepare or review proposed terms so you understand the legal issues involved before signing. Timing matters. An agreement prepared under avoidable pressure may raise questions about voluntariness, meaningful review, or undue influence.
Understanding Legal Separation in Tennessee
A legal separation agreement is distinct from a prenuptial or postnuptial agreement. Legal separation in Tennessee allows spouses to live apart for a limited or indefinite period. The grounds for a legal separation and the procedure for filing for one are the same as a divorce. Except for ending the marriage, the court can address many of the same issues raised in a divorce.
A legal separation decree can include provisions for:
Some spouses pursue legal separation while deciding whether to reconcile or divorce. Others may remain legally married for religious reasons or to preserve certain benefits.
I can help you create a legal separation agreement that addresses important issues during your time apart. I can also explain how the proposed terms may affect your rights throughout the process.
Discuss a Marital Agreement Before You Sign
Whether you are considering a prenuptial, postnuptial, or legal separation agreement, I can explain how Tennessee law applies to your circumstances and help you evaluate the proposed terms.
Before you sign or rely on an agreement, contact me at (615) 235-5620 to request a consultation.
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MC Davis"MC Davis is a native Texan who fell in love with historic Franklin and decided to relocate after raising her two amazing daughters. She is a graduate of Baylor University with a Bachelor of Science in Education. MC received her law degree from St. Mary’s University School of Law and began her legal career as an assistant district attorney in San Antonio, Texas."
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