Published on: 
Jun 20, 2024 7:09 AM

Speakers: 
John Wilks, MHPS, PLLC 

Summary:
In this conversation, Sean Martin, Joel Surber, and John Wilks discuss prenuptial agreements in Tennessee. They emphasize the importance of fairness and reasonableness in the agreement and caution against creating unconscionable terms. They also highlight the need for both parties to have independent counsel to review the agreement and mitigate potential issues in the event of a divorce. The timing of discussing and drafting the prenup is also discussed, with the recommendation of doing so four to eight months prior to the wedding. Specific provisions and language in the agreement are important, especially regarding spousal rights and the acquisition of marital property. John Wilks encourages individuals to reach out to their attorney for guidance and to protect themselves.

Keywords:
prenuptial agreements, Tennessee, fairness, reasonableness, unconscionable terms, independent counsel, divorce, timing, specific provisions, spousal rights, marital property, attorney guidance

Takeaways:
- Prenuptial agreements should be fair and reasonable and should not contain unconscionable terms.
- Both parties should have independent counsel to review the agreement and protect their interests.
- Discussing and drafting the prenup should ideally be done four to eight months prior to the wedding.
- Specific provisions and language should be included in the agreement to address spousal rights and the acquisition of marital property.
- Individuals should reach out to their attorney for guidance and to protect themselves.

Titles:
- Protecting Your Interests in Prenuptial Agreements
- Timing and Specific Provisions in Prenuptial Agreements

Sound Bites:
"Ultimately the agreement be fair and reasonable, can't be unconscionable."
"It's important to have some very frank conversations with your client about the risk you're running of entering that type of agreement."
"Having both sides have independent counsel... mitigating the potential issues that could come up in the event of a divorce."

Chapters:
00:00 Introduction and Overview
01:17 The Importance of Fairness and Reasonableness in Prenuptial Agreements
07:01 The Need for Independent Counsel
09:25 Timing Considerations for Prenuptial Agreements
12:49 Including Specific Language in Prenuptial Agreements
15:19 Considerations for Stay-at-Home Parents and Future Property Acquisitions