TCA 36-3-501
Enforcement of antenuptial agreements
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What does this charge mean?
A prenuptial agreement (a contract two people make before marriage about who keeps what property if the marriage ends) is legally binding and enforceable by a court if the court finds that both people entered into it voluntarily, with full knowledge of what they were agreeing to, in good faith, and without being forced or unfairly pressured.
Penalty Details
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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.
View on official sourceLast verified: Feb 25, 2026
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TCA Section36-3-501