Tennessee § 36-3-501 - Enforcement of antenuptial agreements.

§ 36-3-501. Enforcement of antenuptial agreements.

Notwithstanding any other law to the contrary, except as provided in § 36-3-502 , any antenuptial or prenuptial agreement entered into by spouses 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 terms of such agreement shall be enforceable by all remedies available for enforcement of contract terms. Acts 1980, ch. 492, § 1; T.C.A., § 36-606. Textbooks. Pritchard on Wills and Administration of Estates (5th ed., Phillips and Robinson), § 832. Law Reviews. Covenant Marriage: Should Tennessee Join the Noble Experiment?, 29 U. Mem. L. Rev. 397 (1999). Family law — Cary v. Cary: Antenuptial Agreements Waiving or Limiting Alimony in Tennessee, 27 U. Mem. L. Rev. 1041 (1997). Family Law — Randolph v. Randolph: Tennessee Requires Full Disclosure or Independent Knowledge for Antenuptial Agreements To Be Valid, 27 U. Mem. L. Rev. 1021 (1997). Marital Property in Tennessee: An Evolution, Not a Revolution (Sheryl S. Scheible), 15 Mem. St. U.L. Rev. 475 (1985). Protection Against Spousal Disinheritance: A Critical Analysis of Tennessee's New Forced Share System, 28 U. Mem. L. Rev. 561 (1998).