Common Pitfalls of a Prenuptial Agreement 

Prenuptial agreements, often referred to as “prenups,” are often crucial for couples looking to define financial boundaries and legal expectations before marriage. While often associated with high-net-worth individuals, prenuptial agreements (prenups) can benefit people from all walks of life by protecting their assets, outlining liabilities, and providing peace of mind.  

However, certain difficulties can arise in drafting this legal document, and mistakes can render these agreements vulnerable to disputes or even render them invalid. If you’re considering signing a prenuptial agreement, it’s necessary to understand the potential pitfalls so you can avoid costly mistakes and secure a solid foundation for your future.  

At Middle Tennessee Family Law in Franklin, Tennessee, our experienced attorney, Tiffany Johns, strives to help clients understand their options when it comes to creating prenuptial agreements. Whether you’re marrying for the first time or entering into a second or subsequent marriage, we are here to guide you through the process with care.  

Safeguarding your prenuptial agreement from common mistakes starts by identifying and avoiding specific pitfalls. In this blog, we discuss some of the most frequent issues individuals encounter when drafting these agreements, so you can set yourself up for success from the start.  

1. Failure to Fully Disclose Assets and Liabilities  

A common reason prenuptial agreements are challenged in court is a failure to provide full and accurate financial disclosure. For a prenuptial agreement to be considered legally binding, both parties must disclose all assets, liabilities, income, and expenses in the agreement. If either party withholds or misrepresents financial information, the prenup could be considered invalid.

Transparency is critical. A comprehensive and honest financial disclosure builds trust and ensures the agreement is equitable. We encourage our clients to thoroughly gather their financial records and work collaboratively to avoid mistakes.  

2. Drafting the Agreement Too Close to the Wedding Date  

A prenuptial agreement should never be executed under pressure or within days of the wedding ceremony. The courts may determine that one party signed the agreement under duress if there wasn’t enough time to carefully review the document or seek legal counsel.  

To avoid this, we recommend starting the process well in advance, ideally several months before the wedding. This grants ample time for discussions, revisions, and proper execution of the agreement without rushing.  

3. Unfair or Unreasonable Provisions  

While you can customize a prenuptial agreement to suit your unique needs and circumstances, certain provisions may render it unenforceable. For example, clauses that severely disadvantage one party or involve non-financial matters, such as agreements dictating personal behavior, child custody arrangements, or household roles, might not hold up in court.  

Including fair, clear, and legally permissible terms is essential to make sure your agreement is upheld if one party decides to challenge it in the future.  

4. Lack of Independent Legal Counsel  

For a prenuptial agreement to be valid, both parties should have the opportunity to consult independent legal counsel during the drafting process. This gives each individual the opportunity to fully understand their rights and obligations under the agreement.  

The courts may invalidate a prenuptial agreement if there is evidence that one party didn’t receive adequate legal guidance or felt coerced into signing. At Middle Tennessee Family Law, we strive to keep our clients informed, empowered, and protected throughout every step of the process.  

5. Not Following State-Specific Laws  

Each state has specific laws governing prenuptial agreements, and Tennessee is no exception. A prenuptial agreement that is valid in another state may not necessarily be valid in Tennessee, and failing to follow state-specific rules can render an otherwise well-drafted agreement null and void.  

Tennessee requires that prenups be executed in writing, signed by both parties, and entered into voluntarily. Working with an experienced family law attorney, such as Attorney Johns, can help you meet your goals and comply with Tennessee state requirements.

6. Failure to Update the Agreement Over Time  

Whether you're facing the birth of a child, a new business venture, or a significant inheritance, life changes can render certain provisions in a prenuptial agreement outdated or no longer applicable. To maintain its relevance and enforceability, it is essential to regularly review your prenuptial agreement and update it as your circumstances change.  

Reevaluating the terms periodically with your attorney can help make sure the agreement remains aligned with your current financial situation and long-term goals.  

7. Improper Execution of the Agreement  

Even if all other elements of your prenuptial agreement are solid, failing to properly execute the agreement can cause it to be invalidated. For example, both parties must sign the document, and it’s highly recommended that the signatures be witnessed and notarized.  

Proper execution demonstrates that both parties willingly entered into the agreement, eliminating doubt about its legitimacy. At Middle Tennessee Family Law, we emphasize thoroughness throughout the process to avoid procedural oversights.  

Reach Out to an Attorney Today for Compassionate Legal Counsel 

At Middle Tennessee Family Law, we understand that discussing prenuptial agreements can evoke sensitive emotions and lead to difficult conversations. However, with the right guidance, this document can serve as a practical tool to protect your interests and create financial transparency with your future spouse. Our attorney is dedicated to helping our clients draft thoughtful, fair, and enforceable prenups.  

Based in Franklin, Tennessee, we serve clients in Williamson County, Davidson County, Wilson County, Sumner County, and Rutherford County. Our goal is to provide personalized legal counsel that tailors your prenuptial agreement to your specific needs. If you’re ready to get started, we offer free case evaluations to explore how we can assist you with this critical legal matter. Contact us today.