Memphis, TN family law attorney Daniel Loyd Taylor talks about the requirements for a valid prenuptial agreement. He shares that he recently completed a case involving a challenge to a prenuptial agreement. For such an agreement to be valid, it must be entered into knowingly, without duress, coercion, or undue pressure from one party over the other. The agreement must also be fair, equitable, and clearly drafted, with a full disclosure of the assets and debts each party brings into the marriage.

He explains that many challenges arise from inadequate disclosure. This is why every prenuptial agreement should include a detailed schedule of assets and liabilities. Common disputes occur when agreements are presented at the last minute—sometimes immediately before a wedding—leaving one party feeling pressured to sign.

Prenuptial agreements may also include waivers of alimony. Some provide a formula based on the length of the marriage, while others waive alimony entirely. In Tennessee, such waivers are enforceable if the agreement itself is valid, provided the waiver does not render the financially disadvantaged spouse a “public charge.” In other words, if the waiver leaves a spouse so financially helpless that they would be forced to rely on public assistance, the alimony provision can be challenged.