Each state has laws that apply to marital agreements, some of which are more specific than others. In Tennessee, for example, the law specifically addresses the requirements for the applicability of a conjugal agreement (which is described in the table below), but has no other laws in the books that discuss in detail pre-marital agreements. A marriage contract in Tennessee cannot be entered into under duress or coercion. In addition, the courts have jurisdiction to decide and regulate child custody, home visits and custody of children. These considerations will be made at the time of the divorce, with the intercession and representation of a Nashville divorce lawyer. Sometimes referred to as premarital or pre-contract contracts, a marriage contract is a contract entered into by a couple before a marriage. These agreements contain provisions relating to the rights and obligations of any spouse in the event of divorce or death. Although a prenup may include clauses relating to asset divisions, spousal allowances or the child, waivers of parental assistance and time-sharing rights are not permitted. Any provision purporting to waive these issues is not enforced by a court. These agreements may also be entered into to protect potential capital gains from separate assets, even if a non-owner spouse contributes significantly to that wealth during the marriage period.
Otherwise, if this possibility is not taken into account, such a contribution can transform a separate estate into a matrimonial property. This can be an important condition, especially in the case of a high-wealth divorce or in the case of the granting of support payments. 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.
Pre- and post-agreements are a great way to avoid long divorce disputes. In addition, they can help marriages persevere by evoking in advance the types of disagreements that often turn into marriage-end arguments. Despite all these advantages, many people are still hesitant to use before and after agreements in their own marriages. Some believe that they are suspicious between spouses. Others find the subject simply too complicated to touch. At Miller Upshaw Family Law, PLLC, we understand that this can be a delicate and difficult process. However, we are also firmly convinced that for many couples, this is an option worth considering. That`s why we strive to help our Nashville customers approach this process in a practical and constructive way, while protecting the rights of our individual customers. Faced with all the potential problems associated with pre-marriage agreements between a couple, a written marriage contract is often the best protection available. While entering a wedding is a joyous event, planning for all kinds of contingencies is an important step in ensuring that you and your family are protected.