Michael P. Tulay - Page 10

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          mentioned in the MDA because “It was her demand that she be given           
          that payment of $35,000 instead.”                                           
               The Supreme Court of Tennessee in Self v. Self, supra at               
          363-364, stated:                                                            
               Obviously, great care should be exercised by counsel                   
               and trial courts in crafting decrees.  The decree                      
               should reflect the court’s findings with regard to the                 
               circumstances of the parties, the purpose or expected                  
               results of the relief granted, and the specific                        
               benefits granted to and obligations imposed upon the                   
               respective parties.  In addition to the rights and                     
               obligations of the parties with respect to each other,                 
               the liability for taxes, the rights of creditors, and                  
               other significant consequences may depend upon the                     
               preciseness of the language employed in the decree.                    
               Construction by the courts of uncertain and ambiguous                  
               language is a poor substitute for careful articulation.                
          Much litigation in this Court results from failure of negotiating           
          parties to be precise in drafting the terms of marital                      
          agreements.  This case is an example of that type of litigation.            
               Though the payment reflected an unequal division of property           
          in Tulay’s favor, there is no requirement that marital property             
          in Tennessee be divided equally in order for the division to be             
          equitable.  See Norman v. Norman, 2005 WL 2860274, 2005 Tenn.               
          App. LEXIS 687 (Ct. App., Oct. 31, 2005); see also Bookout v.               
          Bookout, 954 S.W.2d 730, 731 (Tenn. Ct. App. 1997).  There are 11           
          statutorily prescribed factors to be considered.  Tenn. Code Ann.           
          sec. 36-4-121(c).  For example, when dividing property, a court             
          may take into consideration “The tangible or intangible                     
          contributions by one party to the education, training or                    






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