PROTECT ASSETS WITH AN PRENUPTIAL OR POSTNUPTIAL AGREEMENT
Memphis lawyers draft and enforce marital agreements
We work with couples who wish to establish the terms of a settlement agreement either before or after they are married — in the event that they later decide to divorce or legally separate. Tennessee law expressly provides that these types of agreements are enforceable and binding upon the Courts if certain conditions are met.
The burden of proving the agreement was negotiated in good faith is on the spouse seeking to enforce the agreement. It is therefore critical that an experienced attorney represents you throughout the process.
Although you are working on your agreement as a couple, it is important that each of you has his or her own family law attorney to represent you and your interests while protecting your rights. You will also want to make sure that your agreement with your fiancé, fiancée, or spouse is drafted correctly in the event that you do get divorced or become legally separated. Premarital and post-nuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later.
Terms of a prenuptial or antenuptial agreement
A prenuptial agreement (also known as antenuptial agreement) may include the following:
- Who gets what assets in the event that you decide to end your legal union
- How finances and assets will be handled during the marriage
- Spousal support terms
- Any business ownership issues
- What to do with your estate in the event that one of you dies
- The handling of gifts, inheritances or trusts
- Benefits and disability and insurance coverage
A comprehensive prenuptial agreement can help avoid disagreement or conflict in the event of a divorce or legal separation.
Terms of a post-nuptial agreement
Married couples who have decided to create post-nuptial agreements are considered fiduciaries of each other, and they are therefore required by law to provide each other with full disclosure of all information and issues pertaining to the drafting of the post-nuptial agreement. The terms that can be settled by a post-nuptial agreement are similar to the ones included in a prenuptial agreement. A post-nuptial agreement must include adequate consideration for the agreement. An experienced attorney is needed to ensure the consideration is present, and that all of the necessary elements of the post-nuptial agreement are met.
Challenging and enforcing prenuptial and post-nuptial agreements
In the event that you have signed a prenuptial or a post-nuptial agreement that you now wish to challenge because your spouse did not disclose all of his or her assets or debts, you were unfairly pressured into signing the agreement, or you were deceived into signing the contract, we will help you challenge the terms of a defective prenuptial or post-nuptial agreement and, if necessary, litigate your matter in court.
We also represent clients who wish to enforce the terms of their prenuptial or post-nuptial agreement that a soon-to-be ex-husband or ex-wife may now wish to contest.
Contact us today
Call us today at 901-842-9564 or contact us online to schedule a consultation.