Free Tennessee Prenuptial Agreement Template

A Tennessee prenuptial agreement, called an antenuptial agreement in state law, is a contract future spouses sign before marriage. Tennessee Code § 36-3-501 makes these agreements enforceable when a court finds they were properly entered into.

Unlike many states, Tennessee doesn’t use the uniform act. Instead, a short statute and case law set the rules.

The Statutory Standard

First, under § 36-3-501, the court decides, in its discretion, whether the spouses entered the agreement freely, knowledgeably, and in good faith. It must also find no duress or undue influence on either spouse.

The Enforcing Spouse Carries the Burden

In Randolph v. Randolph (1996), the Tennessee Supreme Court interpreted “knowledgeably.” The spouse seeking to enforce the agreement must prove one of two things by a preponderance of the evidence:

• They gave the other spouse full and fair disclosure of the nature, extent, and value of their holdings
• The other spouse already had independent knowledge of those holdings

That reverses the approach in uniform-act states, where the challenger usually carries the burden.

Disclosure Doesn’t Need Appraisals

Fortunately, Tennessee courts have held that specific appraisal values aren’t required to sustain an antenuptial agreement. Instead, they treat the disclosure question as fact-driven.

It turns on what the other spouse knew. Specifically, under Randolph, the enforcing spouse must show full and fair disclosure or the other spouse’s independent knowledge.

When courts weigh independent knowledge, Randolph points to several factors:

• Each partner’s business sophistication and experience
• The length of the relationship before signing
• Timing of the signing relative to the wedding
• Whether each partner had, or could get, independent counsel

In Randolph itself, the court agreed with the trial court that the wife hadn’t signed knowledgeably. For that reason, a Tennessee prenuptial agreement should rest on documented disclosure rather than assumptions about what a partner knows.

1. Document your holdings. Describe their nature, extent, and value.
2. Deliver the disclosure in writing. Keep proof of what you shared.
3. Sign well before the wedding. Timing is one of Randolph’s factors.
4. Encourage separate counsel. Access to a lawyer is another factor.
5. Avoid pressure. Both partners should sign freely and in good faith.

A Tennessee prenuptial agreement typically covers:

• Each partner’s premarital property
• How assets gained after the wedding are handled
• Alimony and inheritance provisions
• An attached statement of each partner’s holdings
• A signed acknowledgment of the disclosure received
• The date each partner signed