Prenuptial Agreement Attorneys in Knoxville
Reasonable safeguards for personal assets
Although prenuptial and postnuptial agreements are rarely mentioned in love sonnets, they can add to the trust between a husband and wife. These instruments do hedge against divorce, but prenups and postnups also safeguard assets for the use and enjoyment of both spouses. The Law Offices of LaFevor & Slaughter negotiates, drafts and litigates disputes over prenuptial and postnuptial agreements. We can show you how well-crafted instruments fit into your estate plan, protect you from creditors and facilitate an inheritance.
Securing your assets without torpedoing your marriage
Although gaining acceptance, prenups still carry the stigma of coercion. A wedding is set, announcements have gone out and deposits have been paid. Then the groom shows up with papers his lawyer has drafted and asks his bride to sign. At LaFevor & Slaughter, we adhere to a process that is honest, open and actually strengthens the bonds of trust in a marriage. We negotiate candidly with the other party’s attorney so that we arrive at a mutually acceptable agreement on issues such as property division. With a deeper understanding, if the marriage ends, you can often avoid additional post-divorce issues. To this end, we urge both parties to a prenup or postnup to have their own lawyers. Unlike guardianship, which can be settled ahead of time as part of an estate plan, child custody cannot be settled in a prenup or postnup agreement.
The rise of postnuptial agreements
Courts favor postnuptial agreements because postnups are negotiated after a husband and wife have been together and know how their financial arrangements are working. (Postnups are often modifications of prenups.) A couple may enter postnup negotiations because they fear divorce, but what often emerges is a greater understanding of their current circumstances and security about their future. However, Tennessee requires consideration for a postnup to be valid. Each spouse must receive something for signing, and the court does not view agreeing to stay married as sufficient.
Beyond divorce planning: asset protection within your marriage
Prenups and postnups help define separate property in anticipation of Tennessee divorce. They can also stipulate that if you move to a community property state, any divorce would be decided under the equitable distribution laws of Tennessee. But an agreement has benefits beyond divorce planning. If one spouse comes from a wealthy family, the parents might worry that half of a large inheritance would be lost in a divorce. A prenup that defines the inheritance as separate property allows a bequest to be made. Owners of a company who don’t want a partner’s equity divided with an ex-spouse might require a postnup to do business. Without a prenup, a husband’s creditors might attach a wife’s property. LaFevor & Slaughter can fully explain all the benefits of a prenuptial or postnuptial agreement.
Contact knowledgeable prenuptial and postnuptial agreement lawyers
To discuss the advantages of a prenuptial or postnuptial agreement, call LaFevor & Slaughter at 865.272.4454 or contact our Knoxville office online.