The court quashed the divorce and dismissed the case in its entirety. Less than a week later, the husband filed an absolute divorce complaint, citing irreconcilable disputes, based on the provisions of the parties to the 2011 MDA. The woman then challenged the divorce and argued that the MDA was not valid. The court held a hearing on the enforceability of the MDA and concluded that it was a valid and binding agreement for the parties, and it entered into a divorce decree that adopted the terms of the MDA. The woman appealed and argued that the MDA was not applicable because it did not fairly share marital patrimony and did not comply with Tennessee`s Code 36-4-103. In particular, she submitted that the MDA did not relate to the underlying divorce application that followed up the complaint and that it was not received in the recitation of the husband`s divorce application. The Court of Appeal rejected their arguments and upheld the decision and found that the evidence supported the court`s decision. The heart of the business lies in the fact that the explicit language of the MDA testified to the parties` consideration of a divorce action in which the agreement would be incorporated as a complete and final settlement of the couple`s property rights. In this case, the particular language of the MDA, which essentially provides that the agreement will be included in all divorce decisions between the parties, is important. It was also used to divide the couple`s property and to forgive the woman`s submission. Shortly after filing the MDA in court, the woman`s lawyer filed an absolute divorce order that included the MDA in the final decree. The court approved and issued the order. In the meantime, the woman hired a new lawyer who put off the decree, arguing that it was not the discharge requested in the complaint and that she believed that the husband was hiding assets that were not in the MDA.
In Tennessee, there must be a marriage dissolution agreement in order to enter into an “agreed divorce.” The marriage dissolution agreement is an agreement between the parties, which has all the assets and marital commitments.