Prenuptial Agreements in Tennessee

A prenuptial agreement is a legal document signed before marriage outlining how assets will be divided in case of divorce. It is a binding contract between the parties.

In Tennessee, a prenuptial agreement must be signed freely, knowingly, and in good faith, without duress or undue influence on either spouse.

In Tennessee, the party seeking to uphold a prenuptial agreement bears the burden of proving its validity by a preponderance of the evidence.

To enforce a prenup, the party seeking enforcement must prove the other party received full and fair disclosure of their assets or that they had independent knowledge of those assets.

The court considers the emotional connection between a child and their parents or caregivers. This includes factors like love, affection, and the strength of their bond.

A prenuptial agreement is a legally binding contract that can be enforced like any other contract.

The court assesses whether the parents or caregivers can provide for the child's basic needs, including food, clothing, shelter, healthcare, education, and overall well-being.

Factors like the sophistication of the parties involved, the fairness of the agreement terms, and unique circumstances determine whether full and fair disclosure has occurred.

Rehabilitative alimony in Tennessee is a type of spousal support designed to help the recipient become financially self-sufficient.

The court evaluates the importance of keeping things consistent in a child's life. This includes factors like the stability of their environment and the length of time they've lived there. Frequent changes can negatively impact a child's development.

The court examines the overall health of both the parents or caregivers (physical and mental well-being). This includes their ability to provide stable and supportive care for the child.

In Tennessee, rehabilitative alimony can be extended if the recipient proves they have made reasonable efforts to become self-sufficient but have been unsuccessful.

The court considers a child's preferences when making decisions regarding custody. This applies to children aged 12 and above. While younger children's preferences can also be heard, those of older children are given more weight due to their increased maturity.

The presumed amount of money needed to cover a child's basic needs, calculated based on state-specific child support tables.

A person appointed by the court to represent the interests of a child in legal proceedings, particularly those concerning child custody or visitation.

A lawyer appointed by the court to advocate for a child's legal rights, ensuring their voice is heard in legal matters.

An individual's income after certain deductions have been taken, typically used to calculate child support obligations.

A legal principle that assumes a marriage is equally valid regardless of the reason for its dissolution, without requiring proof of fault or wrongdoing on the part of either spouse.

A legal procedure that allows a spouse to be held in contempt of court for failing to comply with a court order, typically involving child support or other financial obligations.

The perspective that no-fault divorce undermines the institution of marriage by making it easier to dissolve without demonstrating fault on the part of either spouse.

The argument that no-fault divorce encourages choosing separation over trying to resolve marital issues through therapy or conflict resolution.

A legal relationship where two people live together, present themselves as married, and intend to be married, without a formal marriage license.

A situation where a parent chooses to earn less than they could, potentially affecting child support payments.

Child support payments can be reduced or modified if there's a significant change in the non-custodial parent's income (15% or more), a change in the number of children needing support, a child's disability, or a mutual agreement to modify.

A child support model where the percentage of the non-custodial parent's income is determined based on the number of children they have.

States like Tennessee may not recognize common-law marriages after a certain date.

A legal doctrine that allows a creditor to obtain a court order requiring a debtor to make payments for goods or services already provided. However, it's only available to creditors who have already delivered goods or services. It cannot be used to force future spending.

The legal principle that a parent who provides goods or services to a child is entitled to reimbursement from the other parent. This is especially relevant in child support cases.

Historically, this doctrine favored mothers in custody cases, assuming they were better suited to care for young children. However, it has been declared unconstitutional under the 14th Amendment as it involved an unfair gender-based classification.

A presumption that the parent who was the primary caregiver before legal proceedings started should be awarded custody, unless proven unfit. This is an outdated law that is no longer applicable.

A legal principle that determines whether child support payments are taxable. This is based on federal laws and applies to both the recipient and the payer.

This refers to the taxability of spousal support (alimony) in Tennessee, as governed by federal and state laws. The rules vary based on when the divorce agreements were finalized. This is important to understand for both the receiving and paying spouse.

Alimony payments received are not taxable to the recipient spouse, just like the federal rules.

Alimony payments are not taxable to the recipient spouse, and are not deductible for the payer, following federal standards.

Combined AGI includes the incomes of both parents after adjustments, used to determine child support obligations.

The BCSO reflects the amount of child support determined based on the combined AGI and the number of children, using a state's child support table.

Each parent's contribution to the BCSO is proportional to their share of the combined AGI.

The UMDA aims for equitable division of marital property in divorce, focusing on fairness rather than an equal split.

The UMDA considers only property acquired during marriage for division, excluding separate property from before the marriage or received by gift or inheritance.

The ALI Principles view marriage as an economic partnership and aim for a division that reflects each spouse's contributions and needs post-divorce.

Under the ALI Principles, enhanced earning capacity gained through education or professional licenses during marriage is considered marital property.

The ALI Principles offer a flexible approach to achieving post-divorce fairness, considering individual needs and contributions to the marital partnership.