|FORMS: 3.3 MARRIAGE CONTRACT WITH MARRIAGE LICENSE|
|RIGHT click here for the Word 97 version of this document|
There may be occasions where prospective spouses wish to get married without a marriage license but cannot find a church or pastor who will perform the ceremony without a license. For such an occasion, we have prepared a revised contract that includes the requirement for a Confidential Marriage License. A Confidential Marriage License is one in which evidence of the license is not part of the public record, and is maintained in a sealed file that can only be examined after a court has ordered disclosure.
Some people, in order to circumvent pastors who insist on marriage licenses, will get married under the pretense that they will obtain and license, perform the ceremony and have the pastor sign the license, and then have the pastor give them the signed license, and they will then never file it with the state, so the license never takes affect. We recommend this approach.
Below is a modified agreement that assumes a confidential marriage license instead of no license at all. This contract takes great care to ensure that no record of the marriage will end up in any state or federal database anywhere. The last clause acts as reservation of rights to ensure that neither party ends up being subject to the jurisdiction of any aspect of state laws on marriage by virtue of getting a license. It ensures that the ONLY thing the courts can do is enforce this agreement and have no other jurisdiction over the parties.
We recommend writing above your signatures on the Confidential Marriage license the following legibly and in black ink that will photocopy:
"All property and other rights reserved without prejudice. UCC 1-207."
Somewhere toward the bottom of the license in a blank space, also write:
The Bible advocates in Prov. 25:8-10trying to keep things out of court, and pre-nuptial agreements have the tendency to reduce the possibility that marriages or divorces ever get litigated and that the spouses get what they expect out of the relationship while still preserving their privacy and dignity:
“Do not go hastily to court, for what will you do in the end, when your neighbor has put you to shame? Debate your case with your neighbor, and do not disclose the secret to another; lest he who hears it expose your shame, and your reputation be ruined."
Another interesting scripture from the bible gives the following advice to men in Prov. 31:3:
"Do not give your strength to women, nor your ways to that which destroys kings."
We would like to add to this that men should also not give their strength or control over their lives or the fruit of their marriage to the state either, and the state's default prenuptial agreement does exactly that, which is why a replacement agreement that nullifies the power grab by the state is needed.
We therefore think it makes a lot of sense to have a pre-nuptial agreement for the reasons we stated above, where the parties who are married are Christian and they want an enduring relationship that doesn’t get litigated and which satisfies the expectations of all parties concerned. The above scripture also advocates keeping the pre-nuptial agreement secret and not telling anyone else about it. What is your view?
PRENUPTIAL AGREEMENT AND MARRIAGE CONTRACT
1. WHEREAS, the parties known as __________________________ and ________________________________, intend to reside together in the future as Husband and Wife, without obtaining a government issued Marriage License and without putting the government in control of any aspect of their lives, liberty, property, or offspring:
"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men."
2. and WHEREAS, they desire to marry under the Laws of God protected by the Common Law, without state intervention, and with full authority to act under God’s Law. See Article 1, Section 10 of the U.S. Constitution, which specifically prohibits any state government from interfering with this contract:
No State shall…pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
3. and WHEREAS this relationship is undertaken in good faith and in pursuit of the blessings of life, liberty,happiness, and prosperity for the parties and their future children and families.
4. and WHEREAS, they desire to affix their respective rights and liabilities and those of any state that may result from this union of marriage and joint residency as Husband and Wife;
5. and WHEREAS, they
have fully and completely disclosed to one another their current financial
status, including assets and liabilities.
See attached spreadsheet:
6. and, WHEREAS, they have each had an opportunity to consult with separate legal counsel of their own choice as each independently wishes to consult and paid for out of their own separate funds;
7. and, WHEREAS, they mutually stipulate that their respective legal counsel are considered competent and have fully and completely informed them of their legal rights and responsibilities under this agreement;
They now therefore agree:
8.That they shall be known as husband and wife from the date of solemnization as described within the enclosed Notice of Intention to Marry. That the title of Sui Juris shall remain with __________________(husband) as husband and Alieni Juris shall remain with _______________(wife) as wife.
9.That the Holy Bible and common Christian faith in God shall be the main guidance and authority over disagreements within the marriage. Christian family counseling and other Christian based reference materials shall be employed for modeling proper family relationships and problem resolution. Any and all unresolved disputes that may arise will be mediated before Christian faith based counselors. At no time will the state or federal government or any other government exercise any jurisdiction over the marriage for any reason other than to terminate the marriage at the request of either party after the completion of Christian faith-based counseling.
10.That love, commitment, and respect shall be the foundation of the relationship between the two parties and their family as exemplified in Christian teachings in the Holy Bible.
11.That should they bear or adopt children in their union, that all should be reared under common Christian faith in God. The responsibility, custody, financial support, and care of the children shall be equally divided by both parties. In the event of death of either spouse prior to the children reaching age 18, the surviving spouse agrees to wholly care for the children. The parties agree not to pursue litigation to affect or undermine this custody and care arrangement of the children and agree not to make any adverse allegations about the character or parenting abilities of the other spouse. The court may not compel either parent to pursue counseling, parenting classes, or undergo any kind of psychiatric evaluation of any kind unless one of the parents has been convicted of a physically violent act against a family member and it is in the best interest of the child(ren). This is in keeping with the idea that it is regarded as a fundamental right to raise and care for one’s child in a way that each parent desires without state intervention or coercion or character denigration from lawyers, the government, expert witnesses, or the other spouse.
12.That all income or assets purchased or acquired or beneficially received in the sole name of either party rather than in joint name during the marriage shall be regarded as separate (solely owned) rather than jointly owned or community property within the meaning of state and federal law. This shall include appreciation, dividends, or interest on separate property assets acquired prior to or during the marriage of the parties. There shall be a rebuttable presumption on the part of both spouses that absent evidence of joint ownership or purchase from joint funds, all property in the custody of the parties shall be presumed to be separate property. The recipient or owner of said separate property shall have the exclusive right to manage and dispose of such property in any way he or she sees fit without consulting his or her partner, but is encouraged to manage such assets for the benefit of both parties and the family. The parties agree not to obstruct, interfere with, or punish in any way either party for the exercise of such property rights.
13.That for the purchase of assets in joint names, the same shall be considered held in tenancy in common. Each party shall contribute from their own income and resources such funds as necessary for the maintenance of the union as well as the payment of all upkeep, taxes, and other fees or charges on such property. That pro rata proportion of income and effort which they personally contribute to the sustenance of jointly held assets during the marriage shall be considered to be their separate property (and not community property) for the purposes of state and federal law.
14.That in the filing of any tax returns or other government or legal or financial or employer documents by either spouse, that both spouses agree to always file in the status of single and not list or identify their spouse. This will prevent implicating or endangering assets of an innocent spouse in the event that tax collection, court judgment, or litigation activity occurs against the other spouse. The parties reserve the right to gift assets to each other during the marriage for the protection of those assets for any reason.
15. That they promise never to litigate in order to demand or request spousal support or child support, in a court of law or through binding arbitration, from their spouse for any reason. They instead agree to take full and complete personal responsibility for their own support and half the support of their children, and their own legal expenses in their entirety at all times in the future. They mutually stipulate, however, that they reserve the right to voluntarily, help and assist their spouse and their children as they see fit beyond the requirements of this contract and as their conscience, Christian principles, and their God and the bible dictate. They furthermore agree not to apply government or legal or emotional or physical or sexual compulsion to undermine any part of this agreement for the purposes of personal or financial gain. This ensures that trust and good faith shall be the motivation behind all conduct in the relationship at all times.
16.That any litigation relating to or intended to undermine, change, or invalidate this marriage contract or any portion thereof be paid for in its entirety by the spouse contesting it, and this includes legal fees on both sides of any dispute. Furthermore, any fees or awards of property resulting from such litigation shall be returned to the original owner of said property, thus rendering such litigation useless and without effect.
17.That should allegations of illegal, unethical, domestic or child abuse, or violent acts be alleged by a party against the other party, then both parties mutually consent in advance to undergo polygraph testing to confirm the disposition of such allegations, and to answer any number of questions under oath during said testing as authored by the other party or his/her counsel. They also stipulate to admit such evidence into a court of law for use by the judge in reaching a finding.
18.That the marriage between the parties is to be regarded as a confidential fiduciary relationship, and as such, the parties to the marriage agree not to divulge medical, sexual, personal, sensitive, or financial details about their spouse or their relationship to parties outside the relationship without express voluntary written consent of their spouse while that spouse is alive, unless in the pursuit of Christian counseling for the purposes of mediating or resolving disputes. This includes a prohibition against the furnishing of evidence or testimony to law enforcement, legal professionals, or the courts in the administration of justice.
19.Other than debts validly contracted for services or materials or otherwise related to joint property of the Husband and Wife, if any, the Husband, Sui-Juris, or the Wife, Alieni-Juris, shall have the right to obligate, act for, contract for and to the benefit of the other party under the Common Law. This includes the management of jointly-held property but not separate property.
20.SEVERABILITY CLAUSE: If, for any reason, any provision of this agreement is held invalid, it is mutually stipulated that all other remaining provisions of this agreement shall continue to be legally binding against the parties. If this entire agreement is held invalid or cannot be enforced, then to the full extent permitted by law any prior agreement between the parties (or any successor thereof) shall be deemed reinstated as if this agreement had not been executed.
21.This is the full agreement of the parties and there are no agreements other than those stated herein. This agreement shall only be modified by a writing executed by both parties hereto and witnessed by at least one notary.
22.If the marriage documented in this contract results in any kind of license being issued by the state in which it occurs, then the marriage shall be recorded by the state using a Confidential Marriage license. The parties further stipulate and require that:
23.RESERVATION OF RIGHTS. The laws of the state of California shall govern and apply relative to this agreement. No state or government shall be granted any jurisdiction over the parties, their children, or their collective property beyond that specifically identified in this document as a result of obtaining a government marriage license or as a result of the existence of this contract. The decision to acquire a state marriage license shall not be construed as a grant of any jurisdiction over the parties, their marriage, their property, or their children beyond that specifically granted in this agreement. The unwanted assertion by any state or government of any jurisdiction beyond that specifically granted in this agreement shall be regarded by both parties to this agreement and any court hearing issues related to it as slavery, involuntary servitude, and idolatry (see Bible, Exodus 20:3-11) to the state, which is prohibited by both the First Amendment and the Thirteenth Amendment to the U.S. Constitution.The parties stipulate that such unwanted intrusion into their lives would be a violation of the First Amendment because it would interfere with the free exercise of the Christian religion of both parties and compel them to commit idolatry as indicated below:
“Away with you , Satan! For it is written, ‘You shall worship the Lord your God, and Him ONLY [NOT the government!] you shall serve.’”
The Thirteenth Amendment, which prohibits slavery, reads as follows in part:
24.PURPOSE OF ATTORNEY SIGNATURES ON THIS DOCUMENT. The parties stipulate that the presence of the signature of their respective legal counsel at the end of this document provides evidence of the following facts witnessed by said counsel:
*****READ CAREFULLY AS THIS IS A LEGAL BINDING AGREEMENT******
AGREED AND ACCEPTED:
STATE OF ____________)
COUNTY OF ___________)
On_________________________before me___________________________personally appeared ___________________________personally known to me (proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary:________________________________________________________