Prenuptial/Postnuptial Agreement
Protecting Your Assets: Prenuptial and Postnuptial Agreements in Murfreesboro and Middle Tennessee
Many view marital agreements as “planning for the end,” but at Howser & Associates, PLLP, we see them as a proactive way to strengthen a marriage through financial transparency. By defining expectations early, couples in Murfreesboro and throughout Middle Tennessee can replace legal uncertainty with a clear, mutual roadmap for their future.
Under Tennessee law, without a private contract in place, a judge decides how your assets are divided through “equitable distribution.” By choosing to hire Howser & Associates, PLLP, you take control of that narrative. We draft “litigation-proof” prenuptial and postnuptial agreements that protect separate property, business interests, and family inheritances. Our goal is to provide the security you need to avoid the high costs of future conflict, ensuring your focus stays on your family, not the courtroom.
What is a Prenuptial Agreement in Tennessee?
Commonly known as an “antenuptial agreement” under T.C.A. § 36-3-501, a prenuptial agreement is a contract signed before marriage. It outlines how assets, debts, and alimony will be handled if the marriage ends in divorce or death.
To be legally enforceable in Tennessee, a prenup must meet four strict criteria:
-
Written & Signed: It must be a formal written document signed by both parties.
-
Full Disclosure: Both spouses must provide a full and fair disclosure of all assets, income, and debts.
-
Good Faith: The agreement must be entered into freely, without “duress” (pressure) or coercion.
-
Knowledgeable Consent: Both parties must fully understand the terms they are signing.
What Can and Cannot Be Included?
It is a common misconception that you can put “anything” in a marital agreement. Tennessee law has specific boundaries:
What You CAN Protect
Division of pre-marital property
Responsibility for student loans/debts
Future Alimony/Spousal Support terms
Inheritance rights for children from a previous marriage
What You CANNOT Control
Child Custody: Courts always decide based on the child’s best interest.
Child Support: You cannot waive a child’s right to support.
Illegal acts or unconscionable (grossly unfair) terms.
Why Hire Howser & Associates, PLLP for Your Marital Agreement?
Marital agreements are essentially “litigation-proofing” your future. If an agreement is drafted poorly, a court can strike it down entirely. Our legal team ensures your document is:
-
Customized: We don’t use “cookie-cutter” templates; we draft for your specific business interests or family goals.
-
Compliant: We ensure your agreement meets the latest Tennessee case law standards to prevent it from being challenged later.
-
Balanced: We represent clients across Rutherford, Bedford, Cannon, and surrounding counties, ensuring their interests are protected with both empathy and legal rigor.
Don’t leave your financial future to chance. Contact Howser & Associates, PLLP today at 615-801-8602 for a consultation regarding your pre-marital or post-marital planning.
Contact Us Today to Start Your Case Conversation
No matter your case or legal situation, we want to help you! Visit our Murfreesboro, TN office or call us today to schedule an initial consultation and discuss your case.
