Prenuptial Agreements in Tennessee
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Questions and Answers

Which of the following factors is NOT considered in determining the best interest of the child?

  • Occupational success of parents (correct)
  • Emotional ties between child and caregivers
  • Stability of the family unit
  • Child's school record

    • The preference of a child under the age of 12 should be given greater weight than those of older children.

    False

    What must the court include in its decision if there are allegations of child abuse against a parent?

    A written finding of all evidence and all findings of facts connected to the evidence.

    The degree to which a parent has been the primary ______ is an important factor in determining custody.

    <p>caregiver</p> Signup and view all the answers

    Match the following factors with their definitions:

    <p>Emotional ties = The love and affection between parents and the child Continuity = The importance of a stable and satisfactory environment Child's preference = The expressed wishes of the child regarding custody Abuse considerations = Factors related to any physical or emotional abuse</p> Signup and view all the answers

    What percentage change in a non-residential parent's gross income allows for modification of child support?

    <p>15%</p> Signup and view all the answers

    Common law marriage is recognized in all 50 states.

    <p>False</p> Signup and view all the answers

    What is one of the major criteria for a common law marriage?

    <p>Agree they are married</p> Signup and view all the answers

    An existing child support order can be modified if there is a change in the number of _______ for whom the non-residential parent is responsible.

    <p>children</p> Signup and view all the answers

    Match the criteria for establishing common law marriage with their descriptions:

    <p>No license to marry = The couple does not obtain a marriage license. Co-habit as a married couple = The couple lives together continuously. Eligible to be married = The couple meets legal requirements for marriage. Hold each other out as spouses = The couple publicly presents themselves as married.</p> Signup and view all the answers

    Which of the following is NOT a required element for a valid prenuptial agreement in Tennessee?

    <p>Signed in front of a judge</p> Signup and view all the answers

    In Tennessee, a prenuptial agreement automatically terminates upon the remarriage of either spouse.

    <p>False</p> Signup and view all the answers

    What is the burden of proof required to enforce a prenuptial agreement in Tennessee?

    <p>Preponderance of the evidence</p> Signup and view all the answers

    For a prenuptial agreement to be enforceable, there must be a full and fair _____ of the nature and value of each spouse's holdings.

    <p>disclosure</p> Signup and view all the answers

    Match the following types of spousal maintenance with their descriptions:

    <p>Terminated = Ends upon death of the recipient or payor Modified = Changes with substantial material circumstances Extension = Allows for further assistance beyond initial term Rehabilitative alimony = Supports during the process of rehabilitation</p> Signup and view all the answers

    What is the primary argument against no-fault divorce?

    <p>It devalues the commitment of marriage</p> Signup and view all the answers

    No-fault divorce has a positive impact on children.

    <p>False</p> Signup and view all the answers

    What must the party wanting to enforce a prenuptial agreement prove if there was no full and fair disclosure?

    <p>That the other spouse had independent knowledge of the assets</p> Signup and view all the answers

    The terms of a prenuptial agreement in Tennessee can be enforced by any remedies available for enforcement of contract terms.

    <p>True</p> Signup and view all the answers

    What does BCSO stand for in the context of child support guidelines?

    <p>Basic Child Support Obligation</p> Signup and view all the answers

    What is one factor considered under full and fair disclosure in Tennessee?

    <p>Relative sophistication of the parties</p> Signup and view all the answers

    The presumed monetary amount needed to meet a child's basic needs is called the ______.

    <p>Basic Child Support Obligation</p> Signup and view all the answers

    Match the following negative impacts of no-fault divorce with their descriptions:

    <p>Erosion of Social and Religious Values = Undermines traditional moral principles Economic Disadvantages for Women = Leaves economically dependent spouses vulnerable Loss of Accountability = Eliminates acknowledgment of harm Increase in Divorce Rates = Correlated with higher divorce frequencies</p> Signup and view all the answers

    What is one of the claimed outcomes of no-fault divorce?

    <p>Potential exploitation of one spouse</p> Signup and view all the answers

    Judges in no-fault divorces account for marital misconduct such as infidelity when dividing assets.

    <p>False</p> Signup and view all the answers

    What is the first step in calculating child support obligations using AGI?

    <p>Combine AGI</p> Signup and view all the answers

    What does AGI stand for in child support guidelines?

    <p>Adjusted Gross Income</p> Signup and view all the answers

    The Uniform Marriage and Divorce Act (UMDA) allows for equal division of marital property regardless of the circumstances.

    <p>False</p> Signup and view all the answers

    What does BCSO stand for in child support calculations?

    <p>Basic Child Support Obligation</p> Signup and view all the answers

    Under the UMDA, property acquired before marriage is considered ___ property.

    <p>separate</p> Signup and view all the answers

    Match the principles with their respective approaches for divorce property division:

    <p>UMDA = Separate Property Exclusion ALI Principles = Includes Earning Capacity</p> Signup and view all the answers

    Which of the following is a critique of the Uniform Marriage and Divorce Act (UMDA)?

    <p>It is too rigid for complex financial situations.</p> Signup and view all the answers

    The American Law Institute (ALI) Principles focuses solely on the monetary contributions of spouses during marriage.

    <p>False</p> Signup and view all the answers

    What factors do the UMDA take into account regarding property division?

    <p>Contribution of each spouse, value of separate property, financial circumstances post-divorce, and custodial arrangements.</p> Signup and view all the answers

    Who was originally presumed to be more fit for child custody during tender years?

    <p>Fathers</p> Signup and view all the answers

    Child support payments are taxable to the recipient parent in Tennessee.

    <p>False</p> Signup and view all the answers

    What is the current custody presumption regarding equally fit parents?

    <p>50/50 custody arrangement</p> Signup and view all the answers

    Alimony payments finalized before January 1, 2019, were taxable to the __________ in Tennessee.

    <p>recipient</p> Signup and view all the answers

    What major change occurred regarding the tax treatment of alimony after January 1, 2019?

    <p>Alimony becomes non-taxable for recipients.</p> Signup and view all the answers

    What doctrine allows the primary caretaker to have a presumption in custody matters?

    <p>Primary-Caretaker Preference</p> Signup and view all the answers

    What significant gender-based assumption led to the tender years doctrine being considered unconstitutional?

    <p>It assumed mothers were better suited to nurture.</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Child Support = Not taxable to the recipient, not deductible for payer Alimony (Pre-2019) = Taxable to the recipient, deductible for payer Tender Years Doctrine = Presumption favoring mothers for young children's custody Primary-Caretaker Preference = Consideration of who was the main caretaker when determining custody</p> Signup and view all the answers

    Study Notes

    Prenuptial Agreements in Tennessee

    • Prenuptial agreements must be in writing.
    • Full disclosure of each party's assets is required.
    • The agreement must intend to fully discharge inheritance rights and waive marital rights in the event of divorce.
    • Fair consideration must accompany the waiver of inheritance rights or other rights.
    • Spouses must have been advised by separate attorneys or had the opportunity to obtain legal counsel.

    Elements under UPAA

    • The agreement must be freely entered into.
    • The agreement must be entered into with knowledge.
    • The agreement must be entered into in good faith.
    • No undue influence can be exerted on either spouse.

    Elements of valid prenup in Tennessee

    • Freely entered into
    • Knowledgably entered into
    • In good faith.
    • Without coercion or undue influence.

    Enforceability of Prenups-Burden of Proof

    • The burden of proof rests on the party seeking to enforce the prenuptial agreement.
    • Proof must be established by a preponderance of the evidence.
    • The party must prove full and fair disclosure of the nature, extent, and value of the assets.
    • Alternatively, the party seeking to enforce the agreement must demonstrate that disclosure was unnecessary.

    Full & Fair Disclosure Factors

    • Relative sophistication of the parties.
    • Apparent fairness of the agreement's terms.
    • Circumstances unique to the parties (e.g., specific situation, expertise).

    Four Main Types of Spousal Maintenance in Tennessee

    • Alimony in Futuro (Permanent): Long-term support paid at regular intervals. Modifiable.
    • Alimony in solido (lump sum): A fixed, non-modifiable sum paid at once.
    • Rehabilitative: Designed to help financially disadvantaged spouse gain skills/education. Terminates upon death or remarriage.
    • Transitional: Temporary spousal support to help transition after divorce. Modifiable.

    Waiting periods for finalizing divorces

    • Without children: 60 days
    • With children: 90 days

    Four Steps to Property Division

    • Identification of all assets.
    • Classification of assets as marital or separate.
    • Valuation of assets..
    • Distribution of assets.

    Best Interest Factors of Children During Divorce

    • Love, affection and ties with the parents or caregivers
    • The disposition/willingness of the parents/caregivers to provide for the child
    • The importance of the continuity in the child's life.
    • The stability of the family unit
    • Mental and physical health of the parents.
    • The home, school, and community record of the child.

    Void/Voidable Marriage—Capacity/Duress/Insanity

    • Void: Never legally valid based on fundamental incapacity.
    • Voidable: Voidable based on facts like duress, insanity, a minor's marriage (without court approval), or incest.

    Rights and obligations of stepparents

    • Visitation can be granted if it's in the child's best interest.
    • Visitation may be ordered if a parent is dead or missing or if there has been a significant existing relationship between the child and the grandparent.

    Doctrine of Necessaries

    • The notion that a creditor may obtain a debt associated with necessary goods/services for a spouse who has already provided the necessaries.

    Taxability of Child Support/Alimony

    • Child Support is not taxable to the recipient.
    • It is not deductible to the payor.
    • Prenuptial Agreements made before Jan 2019 are taxable to the recipient and deductible to the payor.

    Buying a new car with money from an old car owned before the marriage

    • The new car will be considered separate property.

    Registration of foreign orders

    • Foreign courts have full faith and credit to domestic courts if jurisdiction is appropriate.

    Marriage as a contract/status

    • Common law marriage is recognized in some states, but not Tennessee.

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    Related Documents

    Prenuptial Agreements in Tennessee Essay PDF

    Description

    Explore the key elements that make prenuptial agreements valid in Tennessee. This quiz covers essential requirements, enforceability, and the Uniform Premarital Agreement Act (UPAA). Test your knowledge on the legal obligations and considerations necessary for effective prenups.

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