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Casey & Simmons, PLLC Casey & Simmons, PLLC
Jackson 731-256-0023
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Prenuptial Agreement

Prenuptial Agreement Attorney in Jackson, TN

Drafting Prenuptial Agreements That Hold Up in Tennessee Courts

A prenuptial agreement, also called an antenuptial or premarital agreement, is a written contract both future spouses sign before the wedding. It defines how property, debts, and financial matters are handled during the marriage or if it ends. Tennessee recognizes and enforces these agreements when they meet the state’s legal requirements, and getting those requirements right from the start is where careful drafting makes the difference.

Because we also represent clients in divorce, property division, and alimony matters, we draft prenuptial agreements with a clear picture of how courts scrutinize them. Terms that look reasonable before a wedding can become the center of a contested hearing years later. We write with that in mind.

If you’re planning a marriage in the Jackson area and want to discuss a prenuptial agreement, call us at (731) 256-0023 to schedule a consultation.

Why Jackson Couples Work with Casey & Simmons, PLLC

Our firm carries over 40 years of combined legal experience, with a focused practice in divorce, family law, and criminal defense. G. Michael Casey has been licensed in Tennessee since 2005; Kortney D. Simmons since 2011. Both attorneys have earned Top 10 Attorneys Under 40 honors from the National Academy of Family Law Attorneys in 2019 and 2016, respectively, and the firm holds a 10.0 Superb Top Attorney rating from Avvo.

We don’t use generic solutions. Each client’s situation gets a thorough evaluation before we begin drafting, and we keep you informed at every stage. The goal is a document built around your actual financial picture and goals, not a template borrowed from someone else’s circumstances.

Tennessee’s Requirements for a Valid Prenuptial Agreement

Under Tennessee Code Section 36-3-501, a prenuptial agreement is binding on a court if it was entered into freely, knowledgeably, and in good faith, without duress or undue influence on either spouse. That standard has real teeth. A court can set an agreement aside if it wasn’t voluntary, if one party concealed assets, or if the terms were so one-sided at signing that they were unconscionable.

Two additional requirements are non-negotiable:

  • Written and signed before the wedding: Oral agreements aren’t enforceable in Tennessee. Both parties must sign the written document before the ceremony.
  • Full financial disclosure: Each spouse must disclose assets, debts, and income before signing. Incomplete disclosure is one of the most common grounds courts use to challenge an agreement.

An alimony waiver is permissible, but Tennessee courts can invalidate it if enforcement would leave a spouse unable to meet basic needs and likely dependent on public assistance. Divorce and family law matters for Jackson, Tennessee, are heard in Madison County Chancery Court, part of the 26th Judicial District, which also covers Chester and Henderson counties.

What a Tennessee Prenuptial Agreement Can & Cannot Cover

A well-drafted prenuptial agreement in Tennessee can address each spouse’s rights and obligations regarding property and debts, how marital and separate property is distributed on death or divorce, whether either spouse carries life insurance, and whether alimony applies and in what amount. Defining these terms before the wedding clarifies financial expectations and can limit the scope of a future dispute.

There is one firm boundary: Tennessee law does not allow a prenuptial agreement to predetermine child custody, visitation, or child support. Those issues are decided by a family court at the time of a divorce or separation, based entirely on the child’s best interests at that point.

Our Approach to Drafting & Negotiating Your Agreement

We follow a systematic process: thorough evaluation of each party’s financial position, strategic planning around the terms most likely to matter, and careful preparation of the final document. Because both spouses have competing interests in a prenuptial agreement, each party should retain separate, independent legal counsel. Using one attorney to represent both sides can undermine the agreement’s enforceability. We can represent one party and work professionally with counsel on the other side to reach terms both spouses understand and accept.

Our divorce and property division work gives us a practical view of how these agreements perform when a marriage ends. That experience shapes the language we use and the provisions we make sure aren’t left unaddressed.

Start the Conversation Before the Wedding

The earlier you begin, the more time there is to negotiate thoughtfully and help both parties have independent legal review. Agreements rushed in the days before a ceremony face heightened scrutiny for voluntariness. Call Casey & Simmons, PLLC at (731) 256-0023 to discuss your situation and what a prenuptial agreement could address for you.

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What You'll Get

Here's our promise to every client:
  • Caring Counsel
    At our firm, we understand that you are going through a difficult time. We will guide you through this process with compassion and experience.
  • Personalized Approach
    We understand that every case is unique. Our firm provides personalized attention and unique strategies for each case in order to achieve the most favorable results.
  • Fierce Advocacy
    When you work with our firm, you will have advocates on your side that are ready for any circumstances and are not afraid to take your case to trial to secure favorable results.
  • Decades of Experience
    Our firm offers more than 40 years of combined legal experience to advocate for you. Each of our attorneys will bring their insight and to your case.

Client Reviews

Strongly Recommended by Clients & Colleagues
    "He fought for me and each time won my case. He was humble, understanding and compassionate."
    After meeting him in person I knew he was who I wanted to represent me in a child custody case and later in an adoption case. He responses quickly, effectively and in a timely manner whenever I had a question. He fought for me and each time won my case.
    - Ashley R.
    "Don’t wait any longer if you need someone great, Mr. Bryant will definitely get the job done!"
    First and foremost I want to start by saying how incredible Mr. Daniel Bryant has been for my family, especially my husband Caius. He has been my husband’s attorney for years and has helped him beat multiple cases even by getting them dismissed and expunged. We’re more than thankful for all the hard work he has done and would definitely recommend to anyone looking for an amazing attorney!!! Don’t wait any longer if you need someone great, Mr. Bryant will definitely get the job done!
    - Raven B.
    "I am extremely confident that the truth will continue to prevail with Mr. Casey on our side arguing for it."
    Simply outstanding! Not only is my particular case extremely complex and emotionally taxing for both myself, AND everyone involved (including counsel), but Mr. Casey had literally HOURS to prepare for a crucial motion to be heard, as I hired him at 4 pm for a 9 am court date. This proved to be the best decision we could have ever made! His exemplary presentation of the truth, combined with his calm yet laser-focused attention to what was being presented from the other side was not only impressive but was also what resulted in me being able to spend very precious and valuable time with my daughter. While this case is not yet over, I am extremely confident that the truth will continue to prevail with Mr. Casey on our side arguing for it. Thank you, Mr. Casey!
    - Daniel M.
    "Mr. Bryant was caring, honest, and very professional throughout my entire case."
    Hands down recommend Mr. Bryant for family law cases. Mr. Bryant was caring, honest, and very professional throughout my entire case. He is very responsive, confident, and truly dedicated to his work.
    - Corinne A.
    "Mr. Bryant has been the best attorney I have ever hired."
    Mr. Bryant has been the best attorney I have ever hired. He handled my case in a very professional manner. And once it was over, I felt like a huge weight had been lifted off of my shoulders. If you need help in Clarksville, TN contact this law office!
    - Mitch P.
    "Mr. Daniel Bryant was absolutely one of the best lawyers I had..."
    On my first time to deal with hiring a lawyer from overseas, I was scared and a little skeptical. Mr. Daniel Bryant was absolutely one of the best lawyers I had to deal with. Very professional, patient, clear on explaining things, quick on answering back beside the time difference, easy to work with, human and humble. I would highly reccomend him and definetely hire him again if needed, it is difficilt to find reliable lawyers.
    - Micol
    "Please choose wisely and call Mr. Casey today!!!"
    My ex-wife got our Arkansas visitation changed from Arkansas to Tennessee. She was asking to reduce my visitation days and requesting an absurdly increased amount in child support. I contacted George Michael Casey for consultation. He was very professional, extremely knowledgeable of the law and his customer service is impeccable. Mr. Casey always returns calls and responds to emails promptly. His review of how the case would probably turn out was perfect. I actually got more visitation days and the increase in child support was minimal. If you do not utilize Mr. Casey's expert professional services then you are choosing the wrong attorney. Please choose wisely and call Mr. Casey today!!!
    - William C.
    "I was able to relax through the process, Kortney Simmons is the best!"
    I was a nervous wreck simply considering divorce because of the horror stories I've heard. Kortney leveled the playing field, she was upfront and honest about the pros and cons but assured me she was interested in MY BEST INTEREST. Kortney's professionalism felt personal as if I were more than just a paying client. And because of that, I was able to relax through the process, Kortney Simmons is the best!
    - Former Client

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