Tennessee Prenuptial Agreement Laws: When a Prenup Is Binding (2026)

Tennessee enforces prenuptial agreements that meet the test in Tenn. Code Ann. § 36-3-501. A court treats the agreement as binding if it finds the spouses entered into it "freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse." In Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996), the court held that "knowledgeably" requires proof of full and fair financial disclosure or of the other spouse's independent knowledge.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers prenuptial (antenuptial) agreements under Tenn. Code Ann. §§ 36-3-501 and 36-3-502 and the decision in Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996). Quotations show what those sections provide; the General Assembly can amend them, so check the current code before relying on exact wording. It does not cover postnuptial agreements, alimony or child-support terms in a prenup, tax or estate planning, or other states' law. This page is information only; it is not a template or a drafting guide.

Are prenups enforceable in Tennessee?

Yes, if they meet the statutory test. Section 36-3-501 provides that an antenuptial or prenuptial agreement "concerning property owned by either spouse before the marriage that is the subject of such agreement shall be binding upon any court having jurisdiction over such spouses and/or such agreement if such agreement is determined, in the discretion of such court, to have been entered into by such spouses freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse."

The same section adds: "The terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms."

The section's wording is tied to property "owned by either spouse before the marriage." This page does not cover how Tennessee courts treat prenup terms on other subjects, such as alimony or property acquired during the marriage.

The test: freely, knowledgeably and in good faith

Section 36-3-501 sets four conditions, all decided by the court in its discretion:

Financial disclosure: Randolph v. Randolph

In Randolph v. Randolph (Tenn. 1996), the court explained what "knowledgeably" requires. It held that:

"the spouse seeking to enforce an antenuptial agreement must prove, by a preponderance of the evidence, either that a full and fair disclosure of the nature, extent and value of his or her holdings was provided to the spouse seeking to avoid the agreement, or that disclosure was unnecessary because the spouse seeking to avoid the agreement had independent knowledge of the full nature, extent, and value of the proponent spouse's holdings."

Two points follow from that holding. The burden is on the spouse who wants the agreement enforced, not on the spouse challenging it. And there are two ways to meet it: full and fair disclosure, or proof that the other spouse already knew the full picture.

Randolph also said that "consultation with independent counsel is not required and is merely one factor relevant to the assessment of knowledge."

In Randolph itself, the court concluded that the wife did not sign the agreement knowledgeably and reinstated the trial court's decision invalidating it.

Signing formalities

Section 36-3-501 does not itself set out signing formalities such as notarization or witnesses.

That does not mean no formality applies. This page does not cover whether Tennessee's general statute of frauds, or any other rule, requires a prenuptial agreement to be in writing and signed. A lawyer licensed in Tennessee can review an agreement and explain which formalities apply.

Prenups and creditors (§ 36-3-502)

Section 36-3-502(a) provides: "No marriage settlement or other marriage contract shall be good against creditors, where a greater value is secured to the intended wife, and the children of the marriage, or either of them, than the portion actually received with the wife in marriage ..."

The gendered wording is the statute's own. This page does not cover how courts apply the section today.

What this page does not cover

Several prenup questions fall outside the sections cited here:

• Child support and custody. This page does not cover whether or how a Tennessee prenup can address child support or custody.
• Alimony waivers. This page does not cover limits on waiving or capping alimony in a Tennessee prenup. For how alimony works, see Tennessee alimony laws.
• Changing or revoking a prenup. This page does not cover how a Tennessee prenup is amended or revoked after the wedding.
• Postnuptial agreements. This page does not cover agreements signed after marriage.
• Time limits. This page does not cover deadlines for challenging or enforcing a prenup.

How Tennessee divides property without a prenup

Where no enforceable agreement controls, § 36-4-121(a)(1)(A), as rewritten by Public Chapter 762 of 2022, directs the court in a divorce or legal separation to "[e]quitably divide, distribute, or assign the marital property between the parties without regard to marital fault in proportions as the court deems just based on the factors set forth in subsection (c)." See Tennessee divorce laws.

Disclaimer: This article provides general legal information about prenuptial agreements under Tenn. Code Ann. § 36-3-501 and Tennessee case law, verified on 2026-10-09. It is not legal advice and is not a template. For advice about a specific agreement, consult a lawyer licensed in Tennessee.

Related

• Prenuptial agreement laws in every state
• Tennessee divorce laws
• Tennessee alimony laws

Last updated: 2026-10-09.

Frequently Asked Questions

Is a prenup legally binding in Tennessee?

It is binding on the court if the court finds, in its discretion, that the spouses entered into it freely, knowledgeably and in good faith, without duress or undue influence (Tenn. Code Ann. § 36-3-501).

Do you have to disclose your finances for a prenup in Tennessee?

Under Randolph v. Randolph (Tenn. 1996), the spouse seeking to enforce the agreement must prove either full and fair disclosure of the nature, extent and value of his or her holdings, or that the other spouse already had independent knowledge of them.

Who has to prove a Tennessee prenup is valid?

On disclosure, Randolph v. Randolph places the burden on the spouse seeking to enforce the agreement, who must prove it by a preponderance of the evidence.

Does a Tennessee prenup need to be notarized?

Section 36-3-501 does not itself set out notarization or other signing formalities. This page does not cover whether another Tennessee rule, such as the statute of frauds, requires a particular form.

Can a prenup protect against creditors in Tennessee?

Only to a point. Section 36-3-502(a) provides that a marriage settlement is not good against creditors where it secures more value to the intended wife and children than the portion actually received with the wife in marriage plus the husband's estate at the time of marriage after deducting his debts then owed.