Using Pre- and Postnuptial Agreements in Nashville to Protect Your Interests

Strengthening marriages and avoiding divorce litigation

Pre- and postnuptial agreements are an excellent way to avoid protracted divorce litigation. Moreover, they can help marriages endure by addressing in advance the types of disagreements that frequently turn into marriage-ending arguments. However, despite all these benefits, many people are still reluctant to use pre- and postnuptial agreements in their own marriages. Some believe that they show mistrust between the spouses. Others simply find the subject too awkward to touch. At Miller Upshaw Family Law, PLLC, we understand that this can be a delicate and challenging process. However, we also firmly believe that for many couples it is an option worth investigating. That is why we make every effort to help our Nashville clients approach this process in a comfortable and constructive way, all the while safeguarding the rights of our individual clients.

What are pre- and postnuptial agreements?

A prenuptial agreement is a contract that a betrothed couple enters into prior to marriage that sets in advance how certain decisions during the marriage are made and establishes what occurs should the marriage end in divorce. A postnuptial agreement is a similar contract created between a married couple subsequent to the wedding. Tennessee family courts generally hold these agreements to be binding during divorce proceedings unless they are manifestly unfair or obtained by fraud or duress.

Protective measures which may help you avoid litigation

Pre- and postnuptial agreements are best suited to determine issues involving property division:

  • Defining personal property
  • Defining marital property
  • Allocating martial property
  • Setting up a distribution plan

In addition to property division, pre- and postnuptial agreements also often set conditions for the payment of alimony. This can include a specific amount or a formula for determining an amount and the length of time payments are to be made. Spouses also may agree to waive alimony altogether.

While pre- and postnuptial agreements can resolve these difficult issues in advance, they cannot resolve all issues that divorce can raise. Because child custody and child support are determined in accordance with the best interests of the child or children, spouses do not have the right to set these matters without approval of the court. Any agreement made that affects the rights of the minor children of the marriage can be litigated even if the parties had an agreement in advance.

Call us for help establishing a pre- or postnuptial agreement in Nashville

At Miller Upshaw Family Law, PLLC, we have helped people throughout the Nashville area gain security and peace of mind through comprehensive pre- and postnuptial agreements. On Woodland Street in historic Edgefield, our Nashville office is within sight of the courthouse and offers free parking. Call us today at 615-391-4200 or contact us online to schedule an in-person or video consultation with an experienced attorney.