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Tennessee Code Annotated

Tenn. Code Ann. § 36-3-501 (2026)

Enforcement of antenuptial agreements

✓ current as of May 2026
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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.

Acts 1980, ch. 492, § 1; T.C.A., § 36-606.

Notes of Decisions
Cited in 57 cases (4 in the last 5 years), 1986–2025 · leading case: Bratton v. Bratton, 136 S.W.3d 595 (Tenn. 2004).
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Bratton v. Bratton, 136 S.W.3d 595 (Tenn. 2004). · cites it 8× “See also Tenn.Code Ann. § 36-3-501 (2001). Courts enforce antenuptial agreements like any other contract provided that they are "entered into freely and knowledgeably, with adequate disclosure, and without undue influence or overreaching.”
Randolph v. Randolph, 937 S.W.2d 815 (Tenn. 1996). · cites it 12× “For example, Tenn. Code Ann. § 36-3-501 (1991 Repl.) provides that "if such agreement is determined in the discretion of the court to have been entered into by such spouses freely, knowledgeably and in good faith and without the exertion of duress or undue influence upon either…”
In Re Est. of Baker v. King, 207 S.W.3d 254 (Tenn. Ct. App. 2006). · cites it 15× “Wife argues that T.C.A. 36-3-501, as interpreted by the Tennessee Supreme Court in Randolph v.”
Boote v. Shivers, 198 S.W.3d 732 (Tenn. Ct. App. 2005). · cites it 10× “Boote nor the pressure of the pending marriage resulted in intimidation that was so severe that it would overcome the will of ordinary persons.”
Perkinson v. Perkinson, 802 S.W.2d 600 (Tenn. 1990). · cites it 12× “In affirming the trial court's refusal to enforce the antenuptial agreement, the Court of Appeals stated only, "We agree with the conclusion of the Chancellor that the Appellant was not entitled to a share of the Plaintiff's separate estate.”
In Re the Est. of Davis, 184 S.W.3d 231 (Tenn. Ct. App. 2004). · cites it 7× “; Tenn.Code Ann. § 36-3-501 (2001). This “highest degree” of fiduciary duty is required in light of the confidential relationship existing between the parties at the time the agreement is made.”
Wilson v. Moore, 929 S.W.2d 367 (Tenn. Ct. App. 1996). · cites it 3× “Accordingly, we concur with the trial court’s conclusion that Mr.”
Wilson v. Wilson, 987 S.W.2d 555 (Tenn. Ct. App. 1998). · cites it 4× “See Tenn.Code Ann. § 36-3-501. The trial judge held that this agreement was not enforceable.”
Kahn v. Kahn, 756 S.W.2d 685 (Tenn. 1988). · cites it 4× “Therein, this Court noted the enactment by the General Assembly of Public Acts 1980, chapter 492, codified as T.C.A. § 36-3-501, but other than observing that prior to that statute Duncan v.”
Cary v. Cary, 937 S.W.2d 777 (Tenn. 1996). · cites it 2× “Tenn.Code Ann. § 36-3-501 (1991 Repl.) provides: Notwithstanding any other provision of law to the contrary, .”
In Re Est. of Davis, 213 S.W.3d 288 (Tenn. Ct. App. 2006). · cites it 6× “The Agreement was entered into in 1969, more than a decade before the Tennessee Legislature enacted the statute governing enforcement of antenuptial agreements which is now codified at Tenn. Code Ann. § 36-3-501 . This statute provides: Enforcement of antenuptial agreements.”
Atkins v. Atkins, 105 S.W.3d 591 (Tenn. Ct. App. 2002). · cites it 4× “It provides as follows: Notwithstanding any other provision of 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 which is the subject of such…”
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Tenn. Code Ann. § 36-3-501(2001): 1 case
In Re the Est. of Davis, 184 S.W.3d 231 (Tenn. Ct. App. 2004). “; Tenn.Code Ann. § 36-3-501 (2001). This “highest degree” of fiduciary duty is required in light of the confidential relationship existing between the parties at the time the agreement is made.”
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