- 9 - 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 orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011