Prenuptial Agreement in Franklin, TN
25+ Years Protecting Franklin Families Before & After Marriage
A prenuptial agreement (also called an antenuptial agreement) is a legally binding contract signed before marriage that defines how assets, debts, and financial responsibilities are handled if the marriage ends in divorce, separation, or death. A postnuptial agreement serves the same purpose but is created after the wedding. Both can reduce conflict, clarify expectations, and help protect what each spouse brings into the marriage.
At Puryear, Newman & Morton, PLLC, we handle both family law and estate planning, which means clients can address a prenuptial or postnuptial agreement alongside wills, trusts, and long-term asset protection within a single firm relationship. That combined depth, built over more than 25 years serving Franklin and Williamson County, gives clients a more complete picture of their financial protection.
If you’re considering a prenuptial or postnuptial agreement in Franklin, contact Puryear, Newman & Morton, PLLC at (615) 933-2366 to schedule a consultation with our family law attorneys.
Who Should Consider a Prenuptial or Postnuptial Agreement
These agreements aren’t only for the ultra-wealthy. Many Franklin couples find them valuable based on their specific financial picture heading into or already within a marriage.
Common situations where an agreement may help:
- Business owners who want to protect an ownership stake or partnership interest from division in a divorce
- Individuals entering a second marriage, particularly those with children from a prior relationship who need to preserve inheritance rights
- Those bringing significant separate property into the marriage, including real estate, investment accounts, retirement savings, or family inheritances
- Couples with unequal debt burdens who want to define which party is responsible for pre-marital liabilities
- Spouses where one partner plans to leave the workforce, and both parties want financial expectations defined in advance
- Those who own or expect to inherit a family business and want clear terms for how that asset is treated if the marriage ends
A Franklin Firm with Full-Service Legal Depth
Established in 1997, Puryear, Newman & Morton, PLLC has served clients throughout Franklin, Nashville, and Middle Tennessee for more than 25 years. Our attorneys carry over 100 years of combined legal experience across family law, estate planning, real estate, and business and commercial litigation. That range matters when a prenuptial or postnuptial agreement touches multiple areas of your financial life.
We take time to understand each client’s individual situation before drafting or reviewing any agreement. We’re known for building real working relationships with our clients, and we’re committed to delivering personalized, cost-effective representation to the community we’ve called home for decades.
What Prenuptial & Postnuptial Agreements Cover in Tennessee
Tennessee is an equitable distribution state, meaning marital assets are divided fairly but not necessarily equally in a divorce. A prenuptial or postnuptial agreement can define in advance how specific assets are treated, which may reduce uncertainty for both spouses.
What Agreements Can & Cannot Address
Agreements can address:
- Classification of separate property versus marital property
- Division of assets in the event of divorce
- Spousal support or alimony terms
- Responsibility for pre-marital debts
- Protection of business interests
- Inheritance rights, including protections for children from prior relationships
Agreements cannot address child custody, visitation, or child support. Courts determine those matters based on the child’s best interests at the time of divorce or separation, and any such provisions included in an agreement won’t be enforced.
A postnuptial agreement can also be modified or terminated by mutual written agreement of both spouses at a later time.
Enforceability Under Tennessee Law
Under Tennessee Code Annotated § 36-3-501, a prenuptial agreement is binding when it was entered into freely, knowledgeably, and in good faith, without duress or undue influence. Several requirements bear directly on whether a court may uphold the agreement.
Key enforceability factors:
- Full financial disclosure by both parties before signing is required. Failing to disclose material assets or liabilities can be grounds to invalidate the agreement.
- Written form and signatures from both parties are required. Notarization isn’t mandated under Tennessee law but can strengthen the agreement’s credibility.
- Adequate time to review is critical. An agreement presented on or near the wedding day may be challenged on grounds of duress or insufficient review time.
- Independent legal counsel for both parties is strongly recommended, as courts review each agreement on a case-by-case basis.
Working with Puryear, Newman & Morton, PLLC on Your Agreement
The process begins with an initial consultation to understand each party’s financial picture, specific assets or concerns, and what the agreement needs to address. From there, we work through complete financial disclosure, identifying all relevant assets, liabilities, and property to help ensure nothing material is missed.
After disclosure, we draft agreement language tailored to your situation, addressing each issue identified and helping ensure every provision meets Tennessee’s enforceability standards. Both parties should have the opportunity to review the draft with their respective counsel before signing, and completing the process well before the wedding date helps protect the agreement’s validity. Once executed, a prenuptial agreement takes effect upon marriage; a postnuptial agreement is effective immediately upon signing.
Because Puryear, Newman & Morton, PLLC is a full-service firm, clients whose circumstances also involve estate planning, real estate, or business planning can work with our attorneys across those matters without starting over at a new firm.
Schedule a Consultation in Franklin
Whether you’re preparing for a first marriage, a second, or looking to put a postnuptial agreement in place, our attorneys can help you understand your options and draft an agreement designed to address important concerns. Puryear, Newman & Morton, PLLC serves clients throughout Franklin, Nashville, and Middle Tennessee.
Call us at (615) 933-2366 or reach out through our online contact form to schedule a consultation.
A Reputation for Excellence
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ExperienceOur attorneys have over 100 years of combined legal experience.
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DedicatedOur attorneys are dedicated to serving the needs of it's clients in a professional, ethical, and caring manner.
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DiverseWe are a full-service law firm with skilled attorneys who have years of experience handling specific areas of law.
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Rooted In the CommunityOur firm has been serving the people of Franklin for over 20 years and have an excellent reputation within the community.