STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Tennessee: Requirements & How to Get One

Every OurPrenup agreement is built for the laws where you live. In Tennessee, a prenup is formally called an antenuptial agreement.

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Is a prenup enforceable in Tennessee? The short answer

Yes — prenuptial agreements are legally enforceable in Tennessee under Tennessee law (Tenn. Code Ann. § 36-3-501). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.

Tennessee at a glance

Legal framework
State-specific statutory framework
Property system
Equitable distribution

Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.

Notarization
Recommended
Witnesses
Recommended (2)
Financial disclosure
Standard — fair and reasonable disclosure
Independent lawyers
Recommended
Spousal support terms
Can be set in your agreement

Tennessee prenup questions, answered

Are prenuptial agreements enforceable in Tennessee?

Yes. Tennessee enforces prenuptial agreements under its own statutory framework. The governing law is Tenn. Code Ann. § 36-3-501. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

What is a prenup called in Tennessee?

Tennessee law formally calls a prenup an "antenuptial agreement." It works the same way: a written contract two people sign before marriage that sets out property and financial rights.

Does a prenup need to be notarized in Tennessee?

Notarization is not strictly required in Tennessee, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's Tennessee signing instructions include it.

Do you need witnesses to sign a prenup in Tennessee?

Witnesses are recommended (2) in Tennessee, though not strictly required. More formality makes the agreement harder to challenge.

Do we each need a lawyer to get a prenup in Tennessee?

No — Tennessee does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.

Is Tennessee a community property state?

No. Tennessee is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.

Can a prenup waive or limit spousal support (alimony) in Tennessee?

Yes — Tennessee allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Tennessee require for a prenup?

Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in Tennessee. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Tennessee?

Tennessee has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Tennessee?

Attorney-drafted prenups in Tennessee commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Tennessee-specific antenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Tennessee signing instructions — with optional online e-sign and notarization for $50.

How to sign your antenuptial agreement in Tennessee

  1. 1

    Both parties review the final antenuptial agreement and all attached financial schedules.

  2. 2

    Both parties sign the antenuptial agreement.

  3. 3

    Have 2 witnesses present and sign (strongly recommended).

  4. 4

    Have the agreement notarized. While Tennessee does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.

  5. 5

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 2 × Witness (recommended)No Tennessee statute imposes witness or notary formalities; recommended as proof of voluntary execution.
  • 1 × Notary Public (recommended)

5 people total at signing

Governing law

  • Tenn. Code Ann. § 36-3-501

This guide is general information about Tennessee law, not legal advice. For advice on your specific situation, consult a licensed attorney in Tennessee. See our full legal disclaimer.

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