State is Head of a Marriage: Adhesion contract to a marriage license


"MARRIAGE IS A CIVIL CONTRACT TO WHICH THERE ARE THREE PARTIES. THE HUSBAND, THE WIFE AND THE STATE" ....... Van Koten v. Van Koten 154 N.E. 146

Why do you think you must have the permission of the State to marry? You've been programmed in this as in many other things to control you. Did Abraham and Sarah need permission to marry? Did Adam and Eve need a piece of paper?

Remember the plot of "Braveheart" in which William Wallace and his lover intend to marry and the Lord of the Manor demands his first night with the bride? This establishes his right to the children that issue from the marriage

When you beg a privilege from the "Lord of the Manor" you can expect to give up one or more rights. That's always the quid pro quo of licenses and permits from the State. You feel a need to make it "official?" Why? Isn't your word your bond and seal? Do either of you wish to have an enforcer of the contract? Write a common law contract instead.

Here's a Common Law Contract written by a friend of a friend that he and his bride-to-be wrote to take the place of a marriage license. It will give you some idea of what can be done to keep the State from being a third partner in your relationship.

The Covenant

Between ______________ and __________________

We, ______________ and __________________, being of full age and of sound mind, agree to this covenant as follows.

______________ and __________________do hereby declare that we are both of the same spiritual and religious beliefs forming our intent in this matter.

______________ and __________________covenant that the teachings of the bible are the foundation of this covenant between us.

it is not meant, for any involvement, of any of the governments, either state/s or federal, except as stated herein, for the purpose of the specific performance of this covenant, as the full and complete meeting of minds and spirit without any or anyone else's, interpretation/distortion.

______________ and __________________covenant that we are following our profound beliefs in our god given rights, to our freedom of religion and our freedom of choice.

This is our mutually agreed upon intent and mutual understanding, for this covenant.

Therefore in accordance with our profound belief in God's teachings ______________ and __________________ covenant, that:

We, ______________ and __________________, take each other in holy matrimony as husband and wife before God and man

We, ______________ and __________________, are hereby married in conformance with our religious and spiritual beliefs.

We, ______________ and __________________, vow to each other to abide by this covenant of marriage and to the following specific, and agreed upon conditions, as being the best of our hopes, wishes and desires, for each other at this time.

We, ______________ and __________________, covenant that here after, should any dispute arise between us we vow to each other the following:

I, ______________ and __________________shall provide and freely give or retain:

[children] [property] [assets] anything else you want !

In the beginning what ______________ and __________________each has ownership over:

_________ brings to this union

1.

2.

We will share and split 50/50 any item that we the union will produce in our lifetime together

Each person's inheritance is their OWN. Even in the future, what is given to that person thru family or other means will be theirs, and what they do with it will be up to each individual at that time

We will share the Children EQUALLY in Time or other.

We will be dedicated to our offspring and will take into account what is best for them.

We will jointly pay for their:

Medical needs

School needs

Other needs.

We will not seek THE STATE'S help or intervention in ending this UNION.

We will not ask THE STATE to Jail the other partner for failure to pay. We will take into account what is going on in that individual's life and said individual will provide to the best of his/hers ability at that time

We are to be treated equally in everything we do together that is

Materially

Spiritually

Civilly

I, ______________ shall provide and freely give or retain:

[children] [property] [assets] anything else you want !

______________ brings to this Union:

1.

2.

We will share and split 50/50 any item that We, ______________ and __________________, will produce in our lifetime together.

Each person's inheritance is their OWN. Even in the future, what is given to that person thru family or other means will be theirs, what they do with it will be up to each individual at that time

We will share the Children EQUALLY in Time or other.

We will be dedicated to our offspring and will take into account what is best for them.

We will jointly pay for their:

Medical needs

School needs

Other needs.

We will not seek THE STATE/S help or intervention in ending this UNION.

We will not ask THE STATE to Jail the other partner for failure to pay. Must take into account what is going on in that individual's life and said individual will provide to the best of his/hers ability at that time

Common Law is the ONLY means to enforce this

We are to be treated equally in everything we do together that is

· Materially

· Spiritually

· Civilly

This is constructive notice to all whom it may concern

WE, ______________ and __________________, have jointly made the above and following decisions, finally and conclusively:

Because, as will be established below, it is self evident that, after having made a thorough investigation of the issues regarding the government's control and /or the establishment of religion.

WE, ______________ and __________________, are intentionally agreeing as follows.

In Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673 (1978), the U.S. Supreme Court held that marriage is fundamental right that requires strict judicial scrutiny if the State wants to interfere with marriage. The High Court held that substantial interference with that right will therefore not be sustained merely because they are rational

The Government or their Agents are not to be involved in this contract, as defined below, except to express the terms set forth herein under specific instructions, ______________ and __________________, do here intentionally refuse any attempt to, or implication of any, knowing, willing, intentional waiver or taking of any and/or all my/our unalienable god given rights.

Our action is taken as a part of our profound religious beliefs that

· the marriage license is against God's laws

· a government license to marry is without support in the Bible.

· It is the number that represents the mark of the beast.

· It is also, we comprehend, a violation of the united States Constitution, Amendment 1, the Establishment Clause, in its plain and ordinary clear and concise meaning at the time it was written.

· the Constitution's declaration of the several States' Establishment Clause, the constitutional Separation of Church and State.

PURPOSE of this Covenant

To protect both parties and the children that will come of this union for the purpose of restraining Government, its Agents from altering / changing / modifying the clear and concise meaning / plain and ordinary meaning of said documents to the government's benefit or the benefit of either one. ______________ and __________________, unequally.

In order to control/vacate, individuals rights, for their own undisclosed benefit/s through the deceptive use of a license to marry.

According to our, ______________ and __________________, religious beliefs, a third party in a marriage, is against god's teachings and is therefore polygamy.

We, ______________ and __________________, in no way agree to statutory control of this covenant. WE, ______________ and __________________, agree only to the constitution's restraint on the government, our god-given , human and fundamental rights done in full knowledge of the following:

The findings in and by the court orders that they are third parties in fact, if not in name, and that their interests are paramount, unconstitutionally becomes the practice, policy and custom of the judges who follow. E.g:

[ a ] "for many years the law has been that the state is a third party, in fact if not in name, in every divorce action". Welch v Welch 35 njsup 255

[ b ] "the state is a party at interest to the marriage contract or status, together with the husband and wife...NY Anonymous v Anonymous 62 nys2d 130 in nj. Duerner v Duerner 142 njeq 759

[ c ] "if parties subsequent to divorce, entered into common law marriage, then nothing either party did or did not do thereafter could dissolve marriage. Thomas v Thomas app 565 p2d 722

[ d ] "where there is a conflict between the interests of the State and the interests of either of the spouses, the interests of the State will be regarded as paramount" Feikert v Feikert 98 njeq 444, Marum v Marum 10misc2d695

Judges are as human as anyone and as likely as others to see the world through their own eyes and find the "collective conscience" remarkably similar to their own. Cf. Griswold v. Connecticut, 381 U.S. 479, 518-519 (1965) (BLACK, J., dissenting); Sniadach v. Family Finance Corp., 395 U.S. 337, 350-351 (1969) (BLACK, J., dissenting).

If men, through fear, fraud, or mistake, should in terms renounce or give up any natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being a gift of ALMIGHTY GOD, it is not in the power of man to alienate this gift and voluntarily become a slave. -- Samuel Adams, 1772

Documents:

The US Constitution, Declaration of Independence, and the Bill of Rights: are to be understood, in their plain and ordinarily clear and concise meaning of/by the average person, without distortion of their original meaning/s, but with consideration for technical advancements..

1. Such as - a car equals. A horse, for the purpose of the right to travel.

2. Slavery equals being compelled to work or provide the fruits of labor.

At no time whatsoever is this to be construed, that we, ______________ and __________________ , are incompetent in anyway to handle ourselves or the affairs of our children by allegations of parens patria.

We do not individually or jointly waive our rights in any form whatsoever.

If the Government claims that we have waived our rights or act like we have, they must provide proof by clear and convincing evidence beyond a reasonable doubt that we intentionally, knowingly and willfully intended to waive said right in question.

We do not agree jointly, individually or on behalf of Children to any contract of adhesion or implied contract that might be alleged by government agents.

We waive any help from Government unless we jointly ask for it in writing.

We do not intentionally, knowingly and willfully ask for any help in Domestic matters from Government agencies, but will seek help from family or friends that we will identify in this Covenant as being impartial overseers

This matter will never go to Family/Equity [or any similar term or meaning] Court but will be dealt with under Common Law.

The STATE is not a party to this CONTRACT in any way.

DEFINITIONS:

Divorce -- independent contract -- court has no authority to modify. --Under Arkansas case law, a court has no authority to modify an independent contract that is made part of a divorce decree.

In case of this marriage Dissolving:

It will be a breaking of this Covenant not getting DIVORCED

covenant

['ke-ve-nent]

1: an official agreement or compact
Example: an international ~ on human rights

2 a: a contract in its entirety or a promise within a contract for the performance or nonperformance of a particular act
Example: a ~ not to sue

specif
: a promise relating to the transfer, possession, or ownership of real property
(see also covenant not to compete restrictive covenant)

b: a warranty in a deed assuring the grantee esp. against defects in title
Example: a ~ for quiet enjoyment
(see also run)

3: a common-law action to recover damages for breach of a contract under seal
(compare assumpsit debt)

Merriam-Webster's Dictionary of Law ©1996.
Merriam-Webster, Incorporated.
Published under license with Merriam-Webster, Incorporated.

Copyright © 1994-99 FindLaw

http://login.findlaw.com/scripts/callaw
Roberts v. Roberts, 81 Cal.App.2d 871
[Civ. No. 15818. Second Dist., Div. Two. Oct. 17, 1947.]
ROSALIE THERESA ROBERTS, Appellant, v. LEE ROBERTS, Respondent.

COUNSEL

Hardy and Hardy and Carlos S. Hardy for Appellant.

Reynolds, Painter & Cherniss and Louis Miller for Respondent.

OPINION

MOORE, P. J.

[4] In all domestic concerns each state of the Union is to be deemed an independent sovereignty. As such, it is its province and its duty to forbid interference by another state as well as by any foreign power with the status of its own citizens. Unless at least one of the spouses is a resident thereof in good faith, the courts of such sister state or of such foreign power cannot acquire jurisdiction to dissolve the marriage of those who have an established domicile in the state which resents such interference with matters which disturb its social serenity or affect the morals of its inhabitants. [5] Jurisdiction over divorce proceedings of residents of California by the courts of a sister state cannot be conferred by agreement of the litigants. [6] As protector of the morals of her people it is the duty of a court of this commonwealth to prevent the dissolution of a marriage by the decree of a court of another jurisdiction pursuant to the collusion of the spouses. If by surrendering its power it evades the performance of such duty, marriage will ultimately be considered as a formal device and its dissolution freed from legal inhibitions. [7] Not only is a divorce of California [81 Cal.App.2d 880] residents by a court of another state void because of the plaintiff's lack of bona fide residence in the foreign state, but it is void also for lack of the court's jurisdiction over the State of California. [8] This state is a party to every marriage contract of its own residents as well as the guardian of their morals. Not only can the litigants by their collusion not confer jurisdiction upon Nevada courts over themselves but neither can they confer such jurisdiction over this state.

[9] It therefore follows that a judgment of divorce by a court of Nevada without first having pursuant to its own laws acquired

 


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