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The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Don’t Forget to Define Separate Property in Your Prenup

Many prenuptial agreements contemplate that one spouse will receive alimony, and it is difficult to imagine a prenup that does not establish an intention to delineate between separate and marital property.  However, a failure to define terms can result in confusion.  The recent Tennessee Court of Appeals case Seifert v. Seifert presented just such a situation. In Seifert, the parties’...

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Timing, Sophistication of Parties Key Factors in Prenup Enforceability

The Tennessee Court of Appeals recently reinforced longstanding principles in determining the enforceability of prenuptial agreements. Among the factors a court examines carefully in determining whether a prenup will be upheld are the timing of the presentation of the document and the relative experiences of the parties in terms of age and educational background.  Failure to account for these...

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