Family Law
Sample Tennessee Prenuptial AgreementTHESE ARE TRICKY, YOU WILL NEED A LAWYER TO GET IT RIGHT. ANTE NUPTIAL AGREEMENT THIS CONTRACT AND AGREEMENT, is hereby made and entered into this _______ day of June, 1999, by and between John Doe, a citizen and resident of Davidson County, Tennessee and Jane Doe, a citizen and resident of Davidson County, Tennessee. WHEREAS, the parties hereto contemplate a marriage to and with each other and by reason of their anticipated status, and for the more perfect harmony in their relationship and the management of their affairs after the contemplated marriage, hereby enter into this contract and agreement; and WHEREAS, each party is seized and possessed of property in his and her individual right, and each party is desirous of retaining absolute and full control of his and her property, and of relinquishing all rights of any kind or character, whether martial or by virtue of the statutes of descent and distribution, or by any other rights at law, or equity, in the property and property rights of the other party. NOW, THEREFORE, in consideration of the contemplated marriage, and of the mutual covenants hereinafter contained, including the mutual benefits obtained and to be obtained, by each party from the other as follows: 1. Jane Doe hereby covenants and agrees, and she expressly waives, releases, and relinquishes all claims against the Estate of John Doe, including, but not limited to, homestead, dower, alimony, inheritance, descent and distribution, statutory exemptions, and rights or claims for yearly support as well as all other rights or claims, at law or equity, in and to the estate, real and personal, of the said John Doe, which he now owns, or may in any manner hereafter acquire under any and all circumstances. 2. John Doe hereby covenants, agrees, and he expressly waives, releases, and relinquishes all claims against the Estate of Jane Doe, including, but not limited to, homestead, curtesy, alimony, inheritance, descent and distribution, and statutory exemptions as well as all other rights or claims at law or equity, in and to the estate, real and personal, of the said Jane Doe, which she now owns or may in any manner hereafter acquire under any and all circumstances. 3. Both parties agree that each shall retain the full and complete right to sell, encumber, give, or otherwise dispose of his or her property, real or personal, by any means or manner whatsoever, without the necessity of the joinder or consent of the opposite party, and as freely as if the contemplated marriage had never been consummated. 4. Each party agrees to execute and acknowledge, upon request of the other party, his or her heirs, devisees, personal representatives, or assigns, all property and appropriate instruments of releases or conveyance to enable the opposite party, his or her heirs, devisees, personal representatives, or assigns to bargain, sell, convey, or otherwise dispose of any and all property, real or personal, now owned or hereafter acquired, free and clear of any real or apparent right, or vested or contingent right therein, martial or otherwise. 5. Upon the death of either party, the decedent's own estate shall be totally and legally liable for all funeral and burial expenses of the deceased. 6. Both parties agree that, in the event of separation or divorce, neither party will request or seek support, alimony, or the other party's property, (including retirement plans or trusts) but each shall retain his or her property. Each agrees to pay his or her attorney's fee in any divorce proceeding. Joint property is to be equally divided. The parties are advised that prenuptial agreements waiving or limiting alimony are enforceable if entered into freely and knowledgeably, with adequate disclosure, without undue influence or overreaching, and without causing a spouse to become a public charge. However, in the event that the agreement to waive alimony may be determined, based upon the above or otherwise, to be unenforceable and contrary to public policy, the parties nevertheless wish to hereby express their agreement to waive such rights in the event of a divorce to the extent such waiver is enforceable. In the event such waiver is not enforceable, it is the intent of the parties that this provision of this Agreement shall be severed from the remaining portion of the Agreement and that the invalidity of this provision shall have no effect upon the balance of this Agreement. 7. Both parties agree that neither shall acquire any interest to any of the property of the other by reason of the increase in value of said property during marriage even though said increase would be considered marital property in the absence of this Contract. Any property acquired after the marriage and titled jointly shall be divided equally between the parties in the event of a divorce. 8. If either party has a child or children by prior marriage, it is the desire of the parties that no presently existing legal rights of said children and themselves be modified in any manner whatsoever as a result of the contemplated marriage. 9. It is agreed by each of the parties hereto that in the event of sickness or disability to either party, that each of the parties shall be responsible for his or her expenses which shall include all medical expenses, such as medicine, doctors, hospital, and nursing homes. In other words, each shall pay their own expenses for sickness or disability, including nursing home. 10. It is agreed by each of the parties that a full and complete written disclosure (see attachments hereto which are fully incorporated herein as if set out verbatim) of the extent and probable value of the estate of the other and of all the rights conferred by law upon each in the estate of the other by virtue of said proposed marriage, but it is their desire that their respective rights to each other's estate shall be fixed by this Contract, which shall be binding upon their respective heirs and legal representatives. 11. Both parties acknowledge that he or she has been given the opportunity, during the preparation of this Contract, to be represented by counsel of his or her own choosing; that he or she has read this Contract and had its contents fully explained to him or to her and is fully aware of the contents of this Contract and enters into same freely and voluntarily. 12. Both parties agree that this Contract shall be fully enforceable; however, both parties understand that a Court of competent jurisdiction may set aside part or all of this Contract. In such event, the provisions of this agreement are severable and any one or more provisions declared void or unenforceable shall be severed from this agreement and shall in no wise effect the validity of the remaining parts of this agreement. 13. This Contract shall be binding upon the heirs, legatees, devisees, and personal representatives of each of the parties. IN TESTIMONY WHEREOF, the parties have entered into this Contract and agreement freely, knowledgeably, in good faith, and without duress or undue influence, and have hereunto set their signatures on duplicate originals of this instrument, each party taking an executed copy hereof, this the day and date first above written. ____________________________ __________________________ STATE OF TENNESSEE ] Personally appeared before me, the undersigned, a Notary Public in and for said County and State, John Doe and Jane Doe, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that they executed the within instrument for the purposes therein contained. WITNESS my hand and official seal at Nashville, Davidson County, Tennessee, this ___________ day of June, 1999. _____________________________ My Commission Expires: _________________________ EXHIBIT A ASSETS ESTIMATED EQUITY OR VALUE
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