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Tennessee Premarital and Prenuptial Agreements

The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Tennessee state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Tennessee court.

Tennessee: Tenn. Code Ann. § 36-3-501 (2007):

Statute authorizes prenuptial agreements; courts given broad discretions about enforcement.

36-3-501 Enforcement of antenuptial agreements.

Notwithstanding any other provision of the law to the contrary, except as provided in §36=3-502, any antenuptial or prenuptial agreement entered into by spouses concerning property owned by other spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by the spouses free, knowledgeably and in good faith and without exertion or duress or undue influence upon either spouse. The terns of such agreement shall be enforceable by all remedies available for enforcement of contract terms.