Prenuptial Agreements in Tennessee
Tennessee enforces prenuptial (antenuptial) agreements under T.C.A. § 36-3-501 if they were entered into freely, knowledgeably, and in good faith, and without duress or undue influence. A prenup can define how property and support are handled if the marriage ends, but a court can refuse to enforce one that was signed under unfair circumstances.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. A prenup’s enforceability depends on how it was made — talk to a Tennessee attorney.
A prenuptial agreement (the statute calls it an antenuptial agreement) is a contract signed before marriage that sets out how certain financial matters will be handled if the marriage ends.
They’re enforceable — if done right
Tennessee enforces prenuptial agreements under T.C.A. § 36-3-501. A court must enforce one if it was entered into:
- Freely,
- Knowledgeably,
- In good faith, and
- Without the exertion of duress or undue influence.
When those conditions are met, the agreement is enforceable “by all remedies available for enforcement of contract terms.”
What can go wrong
A prenup can be set aside if a spouse proves it fails those standards — for example, it was sprung on them right before the wedding, they didn’t understand it, or there was no fair disclosure of assets. Full and fair financial disclosure and independent time to review (ideally with separate counsel) are what make a prenup durable.
What it can and can’t do
A prenup typically addresses property classification and division and alimony. It generally cannot lock in child support or custody in a way that harms the child’s interests — those are decided in the child’s best interest at the time.
For postnuptial (after-marriage) agreements, see postnuptial agreements. To get matched with a local Tennessee attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Are prenuptial agreements valid in Tennessee?
- Yes. Under T.C.A. § 36-3-501, a prenuptial agreement is enforceable if it was entered into freely, knowledgeably, and in good faith, and without the exertion of duress or undue influence.
- Can a prenup be thrown out?
- Yes — if a spouse shows it wasn't entered knowledgeably or freely, or that it resulted from duress, fraud, or undue influence. Full and fair disclosure of assets helps a prenup hold up.
- What can a prenuptial agreement cover?
- Typically how property and debts are classified and divided, and whether (and how much) alimony would be paid, if the marriage ends. Child support and custody generally can't be predetermined to a child's detriment.
Sources
Related guides
- Adoption in Tennessee Tennessee adoption law is in Title 36, Chapter 1. Before an adoption can be finalized, the existing parental rights must be surrendered or terminated (T.C.A. § 36-1-113), and a home study/court report is generally part of the process. Common types include stepparent, relative, agency, and private adoptions.
- Establishing Paternity in Tennessee For unmarried parents in Tennessee, legal parentage is established under the parentage statutes (T.C.A. § 36-2-301 et seq.) — either by a Voluntary Acknowledgment of Paternity or by a court petition with genetic testing. A genetic test showing 95% or greater probability creates a presumption of parentage (T.C.A. § 24-7-112). Establishing paternity is the gateway to custody, parenting time, and child support.
- Family Law Mediation in Tennessee Tennessee courts are directed to order mediation in many contested divorces (T.C.A. § 36-4-131), with exceptions including domestic violence, inability to afford it, or an already-signed agreement. Family mediators are commonly Rule 31 listed mediators under Tennessee Supreme Court Rule 31. Mediation lets parents and spouses craft their own resolution instead of leaving it to a judge.
- Grandparents' Visitation Rights in Tennessee Tennessee's grandparent visitation statute (T.C.A. § 36-6-306) is deliberately narrow. A grandparent can petition only in specific situations — such as a parent's death, the parents' divorce or separation, or a severed long-standing relationship — and the court must find a danger of substantial harm to the child. The limits reflect the constitutional rights of fit parents under Troxel v. Granville (2000).
- Postnuptial Agreements in Tennessee Tennessee enforces postnuptial agreements under case law — principally Bratton v. Bratton (Tenn. 2004) — rather than a dedicated statute. To be enforceable, a postnup needs adequate consideration flowing to both spouses, knowing and voluntary execution, and no fraud, coercion, or duress. The consideration requirement is what makes postnups harder to uphold than prenups.
- Separation Agreements & Legal Separation in Tennessee In a Tennessee divorce, the Marital Dissolution Agreement (MDA) is the contract that settles property, debts, and support, and it's incorporated into the decree — it's required for a no-fault (irreconcilable differences) divorce. Separately, Tennessee allows legal separation under T.C.A. § 36-4-102: the marriage stays intact, but the court can still order custody, support, and property arrangements.