Tennessee: B
Statutes
Tennessee Code § 36-3-501 - Enforcement of Antenuptial Agreements
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts may set aside alimony provisions if changed circumstances during marriage make enforcement unfair and would leave the disadvantaged spouse unable to provide for reasonable needs. Changed circumstances during marriage can invalidate a prenup.
Unconscionability Standard
A prenup must be entered into freely, knowledgeably, and in good faith without duress or undue influence. Courts examine multiple factors including parties' sophistication, duration of relationship, fairness of terms, review time, proximity to wedding, and ability to consult independent counsel.
Spousal Support Public Assistance Minimum
Alimony waivers will not be enforced if enforcement would result in the spouse becoming a "public ward" or requiring public assistance. Courts will set aside relevant provisions and award alimony sufficient to prevent eligibility for public assistance.
Timing
No statutory minimum, but we recommend signing the prenup 60+ days before with 2-3 weeks review time to reduce the risk of challenge. Even better, sign the prenup before proposing, keeping legal matters separate from wedding planning and allowing you to make informed engagement decisions.
Independent Counsel
Not required by law, but dramatically strengthens enforceability if the agreement is later challenged.
Financial Disclosure
"Full and fair disclosure" of property and financial obligations is required. Disclosure waivers are not allowed.
Moderate Burden to Challenge
To set aside a prenup, there must be proof the process was flawed through duress, coercion, or failure to disclose or properly value assets. However, courts examine unconscionability at enforcement (divorce), not just execution (signing), meaning courts are more likely to set aside or increase alimony provisions.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Ellis v. Ellis, No. E2013-02408-COA-R9-CV (Tenn. Ct. App. Nov. 25, 2014)
Court invalidated a prenuptial agreement where the wife did not learn the husband wanted a prenup until three days before the wedding, finding she did not sign freely.
Case with Undisclosed Condominium (Tennessee Court of Appeals, 2015)
Court invalidated a prenuptial agreement signed five days before the wedding after finding the husband deliberately concealed ownership of a condominium, demonstrating lack of good faith despite both parties having independent attorneys.
Cary v. Cary, 937 S.W.2d 777 (Tenn. 1996)
Tennessee Supreme Court held that voluntary and knowing waivers of alimony in prenuptial agreements are enforceable and not void as against public policy, provided enforcement will not render the spouse a public charge.
Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996)
Tennessee Supreme Court established that the spouse seeking to enforce a prenuptial agreement must prove either full and fair disclosure of holdings or that the other spouse had independent knowledge, with what constitutes "full and fair" disclosure varying based on the parties' sophistication and circumstances.
Howell v. Howell (Tennessee Court of Appeals, Nov. 9, 2020)
Court upheld prenuptial agreement signed eleven days before wedding where the 54-year-old pharmacist and 26-year-old pharmacy tech had cohabited for six years with joint bank accounts, and wife knew for years that husband would not marry without a prenup, finding the agreement was entered freely and knowledgeably despite wife lacking independent counsel.
Grubb v. Grubb, No. M2016-01562-COA-R3-CV (Tenn. Ct. App. June 9, 2017)
Court of Appeals held that the more sophisticated a spouse is, the less time they may need to enter into a prenuptial agreement freely and knowledgeably, establishing that timing requirements are not absolute but depend on the parties' circumstances.
Sattler v. Sattler, No. M2007-02319-COA-R3-CV (Tenn. Ct. App. Oct. 13, 2008)
Court found that a two-month relationship did not give the husband sufficient opportunity to gain independent knowledge of wife's assets, emphasizing that longer relationships provide greater opportunity for parties to understand each other's financial circumstances.