Marital Agreements

Marital Agreement Lawyer in Franklin, TN

Marital agreements are legally binding documents that couples may enter into to manage their financial and personal affairs both during their marriage and in the event of a separation, divorce, or death.

The purpose of these agreements is to provide clarity and prevent disputes by outlining how assets and responsibilities will be allocated. Two main types of marital agreements can be created, depending on whether you are already married or in preparation for marriage: prenuptial and postnuptial agreements.

While many believe these agreements are only for the rich and famous, they can benefit any couple with financial assets, those with children from previous relationships, or with non-marital property who wish to legally clarify financial rights and responsibilities. They can also benefit couples with disparate income or earning levels.

McGill Law can help you by drafting, reviewing, and negotiating marital agreements to meet your specific needs. Attorney McGill can guide you through the legal requirements and ensure that your agreement is comprehensive, fair, and enforceable under Tennessee law.

Schedule a free initial consultation with our Franklin marital agreement attorney by contacting us online or at (615) 398-6453.

Understanding Marital Agreements in Tennessee

Key Aspects of Prenuptial Agreements

A prenuptial agreement, often called a "prenup," is a contract entered into by a couple before they get married. This agreement outlines how assets will be divided in the event of divorce or death.

Prenups can also clarify financial rights and responsibilities during the marriage. Couples opt for prenuptial agreements to protect their separate assets, support estate planning, and avoid potential disputes in the future.

These agreements can include provisions for the division of property acquired before and during the marriage. In addition to asset division, prenups often cover alimony rights and responsibilities, ensuring a fair agreement is in place should the marriage dissolve.

They may also outline how household expenses are shared and how retirement benefits are handled. Importantly, prenuptial agreements cannot predetermine child support or custody arrangements, as these decisions are subject to the court's judgment based on the child's best interests at the time of the separation or divorce.

Postnuptial Agreements

A postnuptial agreement is similar to a prenuptial agreement but is entered into after a couple is already married. This type of agreement can help manage the financial affairs and responsibilities of the couple and provide clarity on asset distribution in case of separation, divorce, or death.

Postnuptial agreements benefit couples who have experienced a change in financial status after getting married or did not have a prenuptial agreement.

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Legal Requirements for Marital Agreements

For marital agreements to be legally binding, they must meet specific requirements:

Both parties must fully disclose their financial information.
The agreement must be in writing and signed by both parties.
The agreement must be entered into voluntarily, without coercion.
The terms of the agreement must be fair to both parties.

While not legally required, it is strongly recommended that each party seek independent legal counsel. This ensures that both parties understand their rights and the agreement's implications.

Both agreements allow couples to proactively manage their financial affairs and protect their interests. However, given the complexities and legal requirements, consulting with experienced legal professionals is advisable to ensure that agreements are properly drafted and enforceable under Tennessee law.

At McGill Law, we can work closely with you to protect your interests and achieve your objectives in prenuptial and postnuptial agreements. We serve clients in Franklin, throughout Williamson and Davidson Counties, and Middle Tennessee.

Call (615) 398-6453 or email us online to request a consultation with our Franklin marital agreement attorney today.

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