|FORMS: 3.2 MARRIAGE CONTRACT WITHOUT MARRIAGE LICENSE|
|RIGHT click here for the Word 97 version of this document|
This Marriage Contract is intended to be used by two parties who wish to marry under Common Law and who do not wish to get a state marriage license or have the government involved in any way with their relationship, their family, or their marriage. This contract is a substitute for all the laws in your state that regulate marriage and family affairs and is far more respecting of individual rights and liberties of both spouses than the state's default prenuptial agreement, which you agree to by default when the two of you obtain and sign your state marriage license. See chapter 9 of the Family Constitution for more details on this subject.
This contract is to be signed just prior to marriage by both parties, their attorneys, and a notary. It need not be filed anywhere or at the courthouse to be a legal document. We don't recommend filing this document at the courthouse for the protection of innocent spouses in the event that the government pursues one spouse as part of a court judgment or tax collection and tries to steal the assets of the innocent spouse. Filing this document in the courthouse would be counterproductive and simply gives them the evidence they need to go after the other spouse's assets, which is something neither one of you should allow. A companion document called the Notice of Intent To Marry, is intended to be filed with the county courthouse or county recorder and you should do this no later than ten days prior to signing this document.
If you are forced to get a state marriage license by either a scared spouse or your church pastor, then you should use the Marriage Contract With Marriage License.
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:
Another interesting scripture from the bible gives the following advice to men in Prov. 31:3:
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?
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 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 ___________________________________________ as husband and Alieni Juris shall remain with __________________________________as wife.
9.That the New King James Version of the Bible, their common faith in a Christian God, and the Family Constitution they have both been given a copy of, shall be the ultimate authority, reference, and arbiter for modeling normal and proper relationships and conduct between the parties and their prospective family and these will be the reference point at all times in the event of any dispute.
10.That love, commitment, and respect shall be the foundation of the relationship between the two parties and their family and they are to be exercised at all times with empathy and due consideration of the feelings and needs of others by putting those needs above one’s own.Respect and love shall include:
11.That they should they bear or adopt children in their union, that all should be reared in God’s Law jointly with the responsibility, custody, and care of the children equally divided and sustenance maintained by both parties.In the event of death of either spouse prior to the children reaching 18, the surviving spouse agrees to 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.They agree never to request that a court order their spouse to pursue counseling, seek parenting classes, or undergo any kind of psychiatric evaluation of any kind.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 intervention or coercion or character assassination from lawyers, the government, expert witnesses, or the other spouse.
12.That all assets or income purchased or acquired or beneficially received in the name of one 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 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 get angry, argue, object, 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 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 agree, however, that they reserve the right to voluntarily, help and assist their spouse and their children as they see fit and as their conscience and their God and the bible dictate, but are not to apply government or legal or emotional or sexual compulsion to do so under any circumstances.This ensures that trust and good faith shall be the motivation behind all conduct in the relationship at all times.Such requirement derives from the following scriptures found in the bible:
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 abuse, 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 sensitive, medical, sexual, personal, or financial details about their spouse or their relationship to parties outside the relationship without express written consent of their spouse while that spouse is alive.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, shall have the right to obligate, act for, contract for and to the benefit of the other party known as Wife, Alieni-Juris 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.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:
The Thirteenth Amendment, which prohibits slavery, reads as follows in part:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
23.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:________________________________________________________