Prenuptial Agreements Must be Entered Into Knowledgeably to be Valid
An antenuptial agreement (informally called a "prenup") is binding on each party if both parties signed it "freely, knowledgeably and in good faith and without exertion of duress or undue influence upon either spouse " Tenn. Code Ann. § 36-3-501. Whether an agreement is valid can be an issue in the probate as well as divorce context. In a recent Tennessee case, In re: Estate of Hillis, 2016 WL 761236 (Tenn. Ct. App. February 25, 2016), the court of appeals held that because the husband did not sign the agreement "knowledgably" the agreement could not be enforced after the wife died.