What Types of Assets Can Be Included in a Prenuptial Agreement in Tennessee?

May 22, 2025

What Types of Assets Can Be Included in a Prenuptial Agreement in Tennessee?

Prenuptial agreements, often referred to as “prenups,” are valuable tools for couples who want to clearly define financial expectations and protect individual assets before getting married. In Tennessee, prenuptial agreements are recognized by law and can address a wide range of financial matters—as long as both parties enter the agreement voluntarily and the terms are fair.



At the Law Offices of Crystal Etue, PLLC, we help clients across Middle Tennessee understand what a prenuptial agreement can include and how it can be customized to meet their unique needs and goals.


Common Assets and Financial Matters Included in a Tennessee Prenuptial Agreement


A properly drafted prenuptial agreement can address a variety of property types and financial issues, such as:


1. Real Estate


  • Homes and investment properties owned before the marriage
  • Rental income and proceeds from sale of real property


2. Bank Accounts and Cash Assets


  • Personal savings, checking, and money market accounts
  • Any inherited or gifted cash funds


3. Retirement Accounts and Pensions


  • 401(k)s, IRAs, and other retirement savings
  • Defined benefit pension plans


4. Business Interests


  • Ownership in a business or professional practice
  • Protection of future business income and appreciation


5. Investments and Securities


  • Stocks, bonds, mutual funds, and cryptocurrency
  • Dividends, capital gains, and future earnings


6. Debts and Liabilities


  • Credit card balances, personal loans, or business debt
  • Agreement on who is responsible for which debts


7. Inheritance and Family Property


  • Property or assets expected to be inherited in the future
  • Family heirlooms or trust interests



What Cannot Be Included in a Prenuptial Agreement?


Tennessee law restricts certain provisions in prenuptial agreements. For example:


  • Child custody and child support cannot be determined in advance.
  • Any clauses that encourage divorce or are grossly unfair may be invalidated by a court.


It’s important that both parties fully disclose their financial situations and that the agreement is signed voluntarily and without pressure.


Why Work With a Family Law Attorney?


Creating a prenuptial agreement is not just about listing assets—it’s about ensuring that the document is enforceable, fair, and clearly drafted. At the Law Offices of Crystal Etue, PLLC, we work with clients throughout Middle Tennessee to draft custom agreements that protect their financial future while respecting the integrity of the relationship.

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