{"id":28,"content_type":null,"category_id":"15","podcast_title":"CLEarly Legal - John Wilks, Prenups pt. 2","internal_cl_podcast_id":"CL-0028","short_description":"Published on: \r\nJun 20, 2024 7:09 AM\r\n\r\nSpeakers: \r\nJohn Wilks, MHPS, PLLC \r\n\r\nSummary:\r\nIn 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.\r\n\r\nKeywords:\r\nprenuptial agreements, Tennessee, fairness, reasonableness, unconscionable terms, independent counsel, divorce, timing, specific provisions, spousal rights, marital property, attorney guidance\r\n\r\nTakeaways:\r\n- Prenuptial agreements should be fair and reasonable and should not contain unconscionable terms.\r\n- Both parties should have independent counsel to review the agreement and protect their interests.\r\n- Discussing and drafting the prenup should ideally be done four to eight months prior to the wedding.\r\n- Specific provisions and language should be included in the agreement to address spousal rights and the acquisition of marital property.\r\n- Individuals should reach out to their attorney for guidance and to protect themselves.\r\n\r\nTitles:\r\n- Protecting Your Interests in Prenuptial Agreements\r\n- Timing and Specific Provisions in Prenuptial Agreements\r\n\r\nSound Bites:\r\n\"Ultimately the agreement be fair and reasonable, can't be unconscionable.\"\r\n\"It's important to have some very frank conversations with your client about the risk you're running of entering that type of agreement.\"\r\n\"Having both sides have independent counsel... mitigating the potential issues that could come up in the event of a divorce.\"\r\n\r\nChapters:\r\n00:00 Introduction and Overview\r\n01:17 The Importance of Fairness and Reasonableness in Prenuptial Agreements\r\n07:01 The Need for Independent Counsel\r\n09:25 Timing Considerations for Prenuptial Agreements\r\n12:49 Including Specific Language in Prenuptial Agreements\r\n15:19 Considerations for Stay-at-Home Parents and Future Property Acquisitions","provider_type":"3","provider_id":"8","cl_type":"1","length":0,"file_type":"1","image":"7683d4c0d0d2d1958be27697d069e97f8c8e23af0fd586e2ab2f4c7cf0f2c16ae46b36c44f7d9dce1008a403ba268cc38665b9fd3abb5e2c4cbb1a4072dc7b7b.jpg","image_alt":"Clealry Content","prerequisites":null,"expire_date":null,"status":"1","created_by":365,"updated_by":365,"created_at":"07\/15\/2024 5:25 am","updated_at":"07\/15\/2024 6:18 am","deleted_at":null,"image_path":"https:\/\/storage.googleapis.com\/clearlylegal-prod\/content\/7683d4c0d0d2d1958be27697d069e97f8c8e23af0fd586e2ab2f4c7cf0f2c16ae46b36c44f7d9dce1008a403ba268cc38665b9fd3abb5e2c4cbb1a4072dc7b7b.jpg","provider_name":"Riverside.FM","view_counts":0,"temp_expire_date":null}