Negotiating the terms of a conjugal agreement is complicated, unless the lawyer has the experience of making those documents. There are many variations in the marriage clauses, and all conjugal agreements are basically tailored to the specific needs of the couple. The property must be identified as distinct and marital, and these definitions differ according to the couple`s needs. After the property is defined as separate or marital, the next thought is how to share matrimonial property in the event of divorce; it`s not always a simple question of who can keep what property. It is important to plan for all potential outcomes when developing a marriage agreement. There is a lot of skill in writing the language involved for the terms, but an experienced lawyer will be able to offer advice, so that all relevant contingencies will be discussed. A well-prepared marriage agreement will cover the following areas: The Tenn. Code Ann. .
. These agreements may include a large number of financial considerations and asset divisions that may arise in the event of divorce. Some of them are: In the table below, you will find an overview of the laws on marital agreements in Tennessee and links to the relevant statutes. Remember, while reading the very text of a law is important, reading an overview of the law can be a very useful complement. In addition, a validly negotiated support supplement may be waived if the amount and duration of support impoverish the financially disadvantaged spouse. It is an obligation to ensure that the spouse, who is financially disadvantaged, is not forced to apply for public assistance under an unacceptable marriage agreement. When two people are considering marriage, it is important that they talk about serious things that will affect them during their marriage. Although less romantic, it may also be important for the couple to talk about what would happen in the event of death or divorce and to describe their desires in a conjugal agreement.
This applies in particular to second marriages or to the protection of money, property or business. The state of Tennessee has laws about what happens to your property if you get divorced. While you probably don`t even consider the possibility of a divorce before your marriage, the key is to protect yourself if the unthinkable happens. Pre-marriage agreements can be put in place as protection for both parties before marriage. In particular, if you have children from a previous marriage, property or debts that you put into marriage, or a family inheritance, property or business that you are responsible for preserving within the family according to inheritance, a marriage agreement should be discussed with your Franklin family lawyer.