Memphis, TN family law attorney Daniel Loyd Taylor talks about the requirements for a valid prenuptial agreement. A recent case involved a challenge to the validity of a prenuptial agreement. For such an agreement to be deemed valid, it must be entered into with full knowledge and without duress or coercion from one party over the other. The agreement should be fair, equitable, and clear, and it must include a disclosure of each party’s assets at the time of the marriage. Additionally, the agreement cannot be signed under pressure, such as through threats to cancel the wedding on short notice. Challenges to prenuptial agreements often arise due to insufficient asset disclosure; therefore, it is essential for every prenuptial agreement to include a detailed schedule of assets and debts contributed by each party.

Prenuptial agreements may also feature an alimony waiver. Some agreements specify alimony amounts contingent upon the duration of the marriage, while others may stipulate that no alimony will be granted in the event of divorce. In Tennessee, such waivers are enforceable as long as the agreement is valid and does not leave the financially disadvantaged spouse at risk of becoming a public charge or destitute to the extent of needing welfare. In such instances, the alimony provision in a prenuptial agreement may be subject to challenge.