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Prenuptial Agreements Archives

How are prenuptial and postnuptial agreements different?

It is often difficult for couples in Tennessee to discuss the topic of a prenuptial agreement before they get married. Even if you and/or your spouse thought it was a good idea, you may have worried about how the other person would react when you brought it up or had concerns that it may endanger the relationship. Needless to say, the window of opportunity to enter into a prenuptial agreement closes at the end of the wedding ceremony. However, if you still think that you and your spouse could benefit by setting parameters for the division of property in the event of a divorce, you have the option of creating a postnuptial agreement.

You can approach the topic of a prenuptial with confidence

Your upcoming marriage in Tennessee is quickly approaching and you have started to spend some time thinking about the prospect of signing a prenuptial with your partner. However, you are concerned that bringing up such a sensitive topic will create tension and ruin the trust you have worked so hard to build with your soon-to-be spouse. At Rogers, Kamm & Shea Attorneys at Law, we have helped many people to articulate and finalize the terms of their prenuptial agreement. 

What cannot be included in a prenuptial agreement?

No Tennessee couple enters into a marriage with the intent of divorcing, but because the future is uncertain, it may be best for you and your future spouse to protect your own interests with a prenuptial agreement in the event that things do not work out the way you hope they do.

Why do I need a postnup to stay home with my kids?

No longer are parents in Tennessee expected to quit their jobs when they become parents. In fact, it almost seems expected that they will not do so and will instead utilize nannies, day care centers or relatives to help them care for their children while they continue their careers. Parents who do make the choice to quit their jobs and stay home to raise their children get to be there for special moments of their kids' lives, but they should also be wise about protecting themselves financially.

Prenups, estate planning and remarriages

For many years prenuptial agreements were thought important only for the rich and famous. Today, however, even the average resident in Tennessee may be able to benefit from these marital contracts. Important to note is that today's prenups are not just about protecting spouses and their assets in the event of a potential and unforeseen divorce.

How can you tell if you need a prenuptial agreement?

Preparing for a wedding can be one of the most exciting times in a couple’s life. When the topic of a prenuptial agreement comes up, it may dampen the happy mood. However, it may be worth it for you and other Tennessee residents to consider a prenup. It might encourage you to learn that not all the points in a prenuptial agreement necessarily pertain to a divorce.

Mistakes to avoid when preparing a prenuptial agreement

For most people who are about to get married, signing a prenuptial agreement is a prudent step that can help them protect their assets in the event that their marriage comes to an end. As CNBC reports, 62 percent of matrimonial lawyers in a recent survey said they had seen a jump in the number of clients requesting a prenuptial agreement in the past three years. Prenuptial agreements allow couples to decide for themselves how their assets and debts will be divided in case of a divorce. However, to be enforceable a prenuptial agreement needs to be fully compliant with the law. Any of these following mistakes or problems could result in the agreement being voided by the court and a couple's property being divided in a way that one or both spouses may not consider to be in their best interests.

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