Tennessee-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Tennessee are governed by Tenn. Code Ann. § 36-3-501 and by Tennessee case law, most importantly the Tennessee Supreme Court’s decision in Randolph v. Randolph. Tennessee has not adopted the Uniform Premarital Agreement Act, but its statute and case law produce a clear and notably pro-enforcement standard. Tennessee favors prenuptial agreements and enforces them liberally when they are properly made.
Tennessee is an equitable distribution state, not a community property state. Without a prenuptial agreement, a court divides marital property in a way it considers equitable, which is not the same as an even split and depends on the court’s assessment of the circumstances. A prenuptial agreement lets you decide these terms in advance rather than leaving them to a judge.
Under § 36-3-501, a Tennessee prenuptial agreement is binding and enforceable if the court determines it was entered into freely, knowledgeably, and in good faith, and without the exertion of duress or undue influence. Each word in that standard carries weight, and the case law has given them specific meaning:
To be valid, the agreement must be in writing and signed by both parties, consistent with contract principles. Notarization is not required by statute but strengthens enforceability and is standard practice. Independent counsel is not required either, but Tennessee courts have called it possibly the best evidence that a party signed voluntarily and knowledgeably, so the opportunity to consult separate counsel should always be provided.
Tennessee enforces prenups liberally, but only if the agreement was entered into “freely, knowledgeably, and in good faith.” The word that decides most challenges is “knowledgeably.” Under Randolph v. Randolph, that means full and fair financial disclosure, or independent knowledge of the other party’s holdings. Get disclosure right and a Tennessee prenup is on very strong footing. That is the part of the process we are most rigorous about.
$150, credited toward your agreement.
Custom to Tennessee law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Tennessee does not impose a statutory waiting period or witness requirement, but we structure the process around full, documented disclosure and unrushed, voluntary signing, which is what the “freely and knowledgeably” standard requires.
Flat fee. Clear scope. No surprises.
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We work with couples across Tennessee, from Nashville, Memphis, and Knoxville to Chattanooga, Clarksville, Murfreesboro, Franklin, and Johnson City. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Tennessee-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, knows how Tennessee applies § 36-3-501 and the Randolph standard, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Tennessee, also called an antenuptial agreement, is a written contract signed by two people before marriage that sets out how their property, debts, and spousal support will be handled if the marriage ends in divorce or death. These agreements are recognized and enforced under Tenn. Code Ann. § 36-3-501 and Tennessee case law, and take effect when the couple marries.
Yes, and Tennessee is a pro-enforcement state that favors prenuptial agreements and enforces them liberally. Under § 36-3-501, an agreement is binding if the court finds it was entered into freely, knowledgeably, and in good faith, without duress or undue influence. The most common challenge is whether disclosure was adequate to make the signing “knowledgeable.”
A valid Tennessee prenup must be in writing and signed by both parties, entered into freely and in good faith, and signed “knowledgeably,” which under Randolph v. Randolph means full and fair financial disclosure or independent knowledge of the other party’s holdings. Notarization and independent counsel are not required but are both strongly recommended.
At Prenups.com, a Tennessee prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Tennessee prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting well before the wedding so there is no time pressure, since signing freely and without duress is part of the enforceability standard.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, the equivalent document is a postnuptial agreement. Tennessee does not set a fixed statutory waiting period, but signing well in advance supports the conclusion that the agreement was entered into freely.
Yes. A Tennessee prenup can be set aside if it was not entered into freely, knowledgeably, and in good faith, or if it was the product of duress or undue influence. In practice, the most common ground is inadequate financial disclosure, because under Randolph v. Randolph the “knowledgeably” requirement depends on full and fair disclosure or independent knowledge of the other party’s finances.
A Tennessee prenup can identify and protect separate property, define property rights during the marriage, set the distribution of property on divorce or death, address spousal support and attorney’s fees including waiver, protect a business, and provide for wills, trusts, and estate planning, including protection for children from prior relationships.
A Tennessee prenup cannot determine child support, custody, or visitation, which the court decides based on the child’s best interests. It also cannot be enforced if it was not entered into freely, knowledgeably, and in good faith, and it cannot include terms that violate public policy or law.
Tennessee does not legally require each party to have a separate attorney. However, Tennessee courts have described independent counsel as possibly the best evidence that a party signed voluntarily and knowledgeably. For that reason, the opportunity to consult separate counsel should always be provided, and independent representation significantly strengthens enforceability.
Yes. A prenuptial agreement is one of the most effective ways to protect a business in Tennessee. It can confirm that a business is separate property, address how growth in value during the marriage is treated, and prevent a spouse from acquiring a marital interest in the company. This is especially important for founders, partners, and professional practice owners.
Yes. Tennessee recognizes postnuptial agreements, though they are governed largely by case law and generally require consideration in addition to meeting the same fairness standards as a prenup, including full and fair disclosure. At Prenups.com, a Tennessee postnuptial agreement is a flat fee of $4,500.
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