TENNESSEE PRENUPTIAL (ANTENUPTIAL) AGREEMENT
(“Agreement”)
[// GUIDANCE: This template is drafted to meet the requirements of Tenn. Code Ann. § 36-3-501 and Tennessee common-law fairness standards. Customize all bracketed items, attach financial disclosure schedules, and have the document acknowledged before a notary with two (2) disinterested witnesses to mirror Tennessee real-property execution formalities.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Classification of Property
3.2 Management & Disposition
3.3 Debts & Liabilities
3.4 Spousal Support
3.5 Estate Rights Upon Death
3.6 Insurance & Beneficiary Designations
3.7 Tax Matters - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Prenuptial (Antenuptial) Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B”),
(each a “Party” and, collectively, the “Parties”).
Recitals
A. The Parties contemplate legal marriage to each other on or about [SCHEDULED MARRIAGE DATE] (the “Marriage”).
B. The Parties desire to define their respective rights and obligations in property, income, debts, and support, both during the Marriage and upon its termination by death, divorce, or otherwise.
C. Pursuant to Tenn. Code Ann. § 36-3-501, the Parties may contract with respect to their property and spousal support rights, provided the agreement is executed freely, knowledgeably, in good faith, and in writing, with formalities equivalent to a deed.
D. The Parties have made full and fair disclosure of their assets, liabilities, and income, attached hereto as Exhibit A (Party A Financial Statement) and Exhibit B (Party B Financial Statement) (together, the “Disclosure Schedules”).
E. Each Party has had adequate opportunity to seek independent legal counsel of his or her choosing and enters this Agreement voluntarily and without duress.
NOW, THEREFORE, in consideration of the mutual covenants herein and of the Marriage, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Terms defined herein appear alphabetically.
“Active Appreciation” – Any increase in value of Separate Property attributable to either Party’s personal efforts or marital labor.
“Applicable Law” – The domestic-relations and family law of the State of Tennessee, without regard to conflict-of-laws principles, including Tenn. Code Ann. § 36-3-501 et seq.
“Marital Property” – All Property not designated herein as Separate Property and any Property that the Parties expressly elect to treat as Marital Property pursuant to Section 3.1.3.
“Property” – All real, personal, tangible, intangible, vested, contingent, or future interests, wherever situated.
“Separate Property” – Property defined as such in Section 3.1.1, including income and Passive Appreciation thereon, unless otherwise provided.
“Passive Appreciation” – Increase in value of Separate Property resulting solely from market forces or third-party efforts.
3. OPERATIVE PROVISIONS
3.1 Classification of Property
3.1.1 Separate Property. The following shall remain the sole and exclusive Separate Property of the owning Party:
(a) Property owned by either Party as of the Effective Date, as listed on the Disclosure Schedules;
(b) Property acquired after the Effective Date by gift, devise, descent, or bequest specifically to that Party;
(c) Passive Appreciation and income derived from Separate Property, unless and until commingled contrary to Section 3.2.2;
(d) Recoveries for personal injuries (except lost wages earned during the Marriage).
3.1.2 Marital Property. All Property acquired jointly by the Parties in both names, or expressly designated in writing as Marital Property, shall be subject to equitable division upon divorce consistent with this Agreement.
3.1.3 Election to Re-Characterize. The Parties may, by subsequent written instrument executed with the same formalities as this Agreement, re-characterize any asset.
[// GUIDANCE: If the Parties intend all post-marital earnings to remain separate, insert language here to that effect.]
3.2 Management & Disposition
3.2.1 Sole Control. Each Party shall have the unrestricted right to manage, encumber, transfer, or dispose of his or her Separate Property without joinder or consent of the other.
3.2.2 Commingling. Intentional commingling that evidences donative intent shall convert the commingled portion to Marital Property; inadvertent commingling shall not, provided traceability is maintained.
3.2.3 Joint Purchases. Unless otherwise agreed in writing at the time of acquisition, title taken in the names of both Parties shall create a rebuttable presumption of Marital Property subject to equal ownership.
3.3 Debts & Liabilities
3.3.1 Separate Debts. Debts incurred by a Party before the Marriage or independently thereafter shall remain that Party’s sole responsibility.
3.3.2 Joint Debts. Debts jointly incurred and expressly agreed to in writing shall be allocated in proportion to the Parties’ written agreement or, absent such agreement, equally.
3.4 Spousal Support
3.4.1 Waiver. Each Party knowingly and voluntarily waives any right to temporary or permanent alimony, spousal maintenance, or similar support upon divorce, except as provided in Section 3.4.2.
3.4.2 Hardship Safety Valve. Notwithstanding the waiver above, if enforcement of this waiver would render a Party eligible for public assistance, the Parties agree that a Tennessee court of competent jurisdiction may award limited rehabilitative alimony sufficient to avoid such eligibility, consistent with Tenn. Code Ann. § 36-5-121.
3.5 Estate Rights Upon Death
3.5.1 Waiver of Elective Share. Each Party waives, releases, and relinquishes all statutory rights to an elective share, year’s support, homestead, and exemption rights in the estate of the other, to the maximum extent permitted by Applicable Law.
3.5.2 Testamentary Intent. Nothing herein prohibits either Party from voluntarily bequeathing property to the other by will, trust, or beneficiary designation.
3.6 Insurance & Beneficiary Designations
Each Party may, in his or her sole discretion, maintain life or disability insurance. If a Party maintains such insurance and designates the other as beneficiary, such designation may be revoked at any time unless otherwise agreed in writing.
3.7 Tax Matters
(a) Joint Returns. The Parties may file joint federal and state tax returns when advantageous.
(b) Indemnity. The Parties shall indemnify one another per Section 7.2 for any additional tax, interest, or penalty attributable to the indemnifying Party’s income or conduct.
(c) Tax Advice. Each Party acknowledges independent opportunity to seek tax advice regarding this Agreement.
4. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants to the other that:
4.1 Execution in Good Faith. The Party executes this Agreement freely, voluntarily, and in good faith, without undue influence or duress.
4.2 Full Disclosure. The Disclosure Schedules materially and accurately disclose the Party’s assets, liabilities, and income.
4.3 Opportunity for Counsel. The Party has had the opportunity to consult independent legal counsel of his or her own choosing and either has done so or knowingly waives that right.
4.4 No Reliance. The Party has not relied on any representation or promise not set forth herein.
The foregoing representations shall survive the execution and performance of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Further Assurances. Each Party shall execute and deliver any instruments reasonably necessary to effectuate the intent of this Agreement.
5.2 Record-Keeping. Each Party shall maintain accurate records sufficient to trace Separate Property.
5.3 Notice of Material Change. A Party shall notify the other within thirty (30) days of any material change (≥ $[THRESHOLD]) to the Disclosure Schedules prior to the Marriage.
5.4 Confidentiality. Except as required by law or court order, the Parties shall keep the terms of this Agreement and the Disclosure Schedules confidential.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any material breach of this Agreement or misrepresentation in Section 4 constitutes an “Event of Default.”
6.2 Cure Period. The non-breaching Party shall give written notice specifying the default; the breaching Party shall have thirty (30) days to cure, if curable.
6.3 Remedies. Upon an uncured Event of Default, the non-breaching Party may seek:
(a) Specific performance in the [COUNTY] County Chancery or Circuit Court (Family Division);
(b) Equitable reformation or constructive trust;
(c) Monetary damages capped per Section 7.3; and
(d) Attorneys’ fees and costs as the court may award.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other Party (“Indemnitee”) from and against any third-party claim, loss, or liability arising out of the Indemnitor’s breach of this Agreement, misrepresentation, or separate debt.
7.2 Procedure
The Indemnitee shall give prompt written notice of any claim. The Indemnitor shall assume defense with counsel reasonably acceptable to the Indemnitee, who may participate at its own expense.
7.3 Liability Cap
Except for fraud or intentional misconduct, each Party’s aggregate liability under this Agreement shall not exceed $[CAP AMOUNT] plus reasonable attorneys’ fees awarded by a court.
7.4 Force Majeure
Neither Party shall be liable for delay or failure to perform caused by events beyond reasonable control, excluding financial inability.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any dispute hereunder shall be governed by the domestic-relations law of the State of Tennessee.
8.2 Exclusive Forum. Subject to Section 8.3, the [COUNTY] County Chancery or Circuit Court (Family Division) shall have exclusive jurisdiction.
8.3 Limited Arbitration. The Parties may, by mutual written consent after a dispute arises, submit property-classification issues (excluding child-related matters) to binding arbitration under the Tennessee Uniform Arbitration Act; judgment on the award may be entered in the designated court.
8.4 Mediation Condition Precedent. Except in emergencies, the Parties shall first attempt mediation with a mediator certified under Tennessee Supreme Court Rule 31.
8.5 Waiver of Jury Trial. To the extent a jury would otherwise be available, each Party knowingly and voluntarily waives trial by jury.
8.6 Injunctive Relief. Nothing herein shall limit either Party’s right to seek temporary restraining orders or specific performance as provided in Section 6.3(a).
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver shall be effective unless in a writing executed with the same formalities as this Agreement.
9.2 Assignment. Neither Party may assign rights or delegate duties hereunder.
9.3 Severability. If any provision is held unenforceable, the remainder shall be given full effect, and the offending provision reformed to the minimum extent necessary to comply with law.
9.4 Entire Agreement. This Agreement, including the Disclosure Schedules, constitutes the entire understanding of the Parties, superseding all prior discussions.
9.5 Successors. This Agreement shall bind the Parties, their heirs, personal representatives, and permitted assigns.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Facsimile, PDF, and electronic signatures shall be effective and enforceable.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| ___ | ___ |
| [PARTY A NAME] | Date: ___ |
| ___ | ___ |
| [PARTY B NAME] | Date: ___ |
ACKNOWLEDGMENT
State of Tennessee
County of [____]
On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], personally known to me or proven on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public: ____
My Commission Expires: ___
WITNESSES
- ____ Date: __
- ____ Date: __
EXHIBIT A – Party A Financial Statement
EXHIBIT B – Party B Financial Statement
[// GUIDANCE: Attach detailed balance sheets, income statements, and supporting documentation for each Party. These schedules are critical to enforceability under Tennessee law.]