Are prenuptial agreements enforceable in Tennessee?

Tennessee enforces prenups under a statute that codifies the Randolph common-law test.

1. Governing Statute

Tenn. Code Ann. § 36-3-501 provides that a prenup is binding "if such agreement is determined, in the discretion of the court, to have been entered into by such spouse freely, knowledgeably and in good faith and without exertion of duress or undue influence." Common-law gloss comes from Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996).

2. Formality Requirements

The agreement must be in writing and signed by both parties. Marriage is the consideration. Notarization is best practice.

3. Voluntariness

The statutory standard expressly requires freedom from duress or undue influence. Randolph identified relevant factors: counsel access, time to review, sophistication, financial sophistication, and whether the proponent encouraged or discouraged independent counsel.

4. Disclosure

Randolph requires either full and fair disclosure of the nature, extent, and value of assets/income/debts, OR proof that the spouse had independent knowledge of the proponent's financial condition. Lack of disclosure is the most common ground for invalidation in Tennessee.

5. Unconscionability

Tennessee does not independently apply an unconscionability test if the statutory factors are satisfied. Substantive fairness is relevant only insofar as it bears on voluntariness and disclosure.

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Spousal support (alimony) can be waived under Tenn. Code Ann. § 36-3-501 if the Randolph factors are satisfied (Cary v. Cary, 937 S.W.2d 777 (Tenn. 1996)).

7. Key Tennessee Case Law

Randolph v. Randolph (1996); Cary v. Cary (1996); Wilson v. Moore, 929 S.W.2d 367 (Tenn. Ct. App. 1996).

This is legal information, not legal advice.