Divorcing the State
Legal Principles of Divorcing the State
Overall Summary Of The Videos Below:
John Jay introduces a series of discussions on the significance of post-nuptial agreements as tools for divorcing the state from marriage. These agreements allow couples to separate personal marital choices from the state’s influence, promoting empowerment and understanding of rights. Jay emphasizes the arbitration method over traditional court processes for its efficiency and privacy. He further critiques the modern court system for its deviations and highlights the use of post-nuptial agreements in estate planning. Moreover, Jay delves into the systematic undermining of societal values, especially the family unit. He ties this to media influence and the manipulation of public perception. The discussions further address the roles of husbands and fathers, likening them to trustees responsible for property management for beneficiaries’ benefit. Throughout, Jay asserts that marital relationships are grounded in natural laws and should be free from unnecessary external interference.
DS1 – The Role of Post-Nuptial Agreements in Divorcing the State from Marriage – Watch Now
Summary:
John Jay introduces the concept of post-nuptial agreements as a means to separate the state’s involvement from personal marital decisions. He emphasizes the importance of couples being able to decide their fate, and protect themselves from potential exploitation by the state and court system. Jay believes in the power of arbitration, arguing that it can be more effective, private, and fair than traditional court processes. He criticizes the modern court system, suggesting it has deviated from its original intent. Jay also highlights how these agreements can function as estate planning tools to protect assets. Throughout the talk, he emphasizes personal empowerment and the importance of understanding one’s rights.
Key Points:
1. John Jay discusses the concept of divorcing the state from marital decisions using post-nuptial agreements.
2. These agreements can apply to married couples and those simply living together.
3. Jay stresses the need for couples to make decisions without undue interference from the state, except in cases of abuse or neglect.
4. The main aim of these agreements is to prevent exploitation through the court system.
5. Arbitration is highlighted as a preferred method for resolving disputes, offering more flexibility and privacy.
6. Jay criticizes the current court system, suggesting it doesn’t serve the public as it should.
7. He believes many legal processes could be simplified and handled without attorneys.
8. Jay suggests that these agreements can also serve as estate planning tools, protecting assets from creditors.
9. The overarching message is personal empowerment and understanding one’s rights.
10. Jay encourages individuals to seek more information and use available resources to craft their agreements.
DS2 – Vol 1 – Behind the Scenes: Unveiling the Attack on Privacy and Families – Watch Now
Summary:
John Jay discusses the systematic problems facing society, suggesting they are deliberately planned to undermine societal values, primarily the family unit. Drawing attention to the idea of ‘divorcing the state,’ Jay emphasizes the need for individuals to reclaim their personal relationships from government interference. He expresses concern over the perceived exploitation of women in modern society and how the media, especially social media, perpetuates certain stereotypes and agendas. Touching on the family court system, he labels it as a business that doesn’t genuinely prioritize family needs. He further delves into the influence of media, suggesting there’s been a decline in content quality and originality over the past decade, indicating a potential ulterior motive to manipulate public perception.
Key Points:
1. John Jay introduces the concept of a national agreement and the importance of understanding the background to his insights.
2. Jay believes the systemic problems society faces are deliberate and aimed at undermining societal values, especially the family unit.
3. He promotes the idea of ‘divorcing the state’ to protect personal relationships from government interference.
4. Jay expresses concern over the perceived exploitation of women in society, which he feels has historical roots.
5. He links the decline in content quality in movies and television to an ulterior motive to manipulate public perception and advance certain agendas.
6. Jay critiques the family court system, suggesting it operates more like a business rather than genuinely serving the needs of families.
7. He draws attention to the influence of media and the rise of social media as tools of manipulation.
8. Jay mentions the importance of looking at actual statistics and not just going by what’s portrayed in the media.
9. He alludes to a ‘fake public health emergency,’ suggesting there’s more happening behind the scenes.
10. Jay provides references and encourages listeners to do their research to understand the deeper issues at play.
DS3 – Vol 2 – Arbitration Insights: From Privacy to Practical Application – Watch Now
Summary:
John Jay elaborates on the importance of arbitration, particularly focusing on the arbitration aspects of post-natural agreements. He references the Federal Arbitration Act, sharing personal experiences with arbitration cases, such as a woman’s mortgage situation in Florida. John provides insights into how the system operates, the role of arbitrators, and the benefits of arbitration in various settings, including personal relationships like marriage. He delves into the importance of understanding the system’s intricacies, offering practical advice on choosing the right arbitration service. He stresses the benefits of privacy in arbitration and touches on the possibility of using arbitration for property rights within marriages.
Key Points:
1. The discussion centers on the arbitration aspects of post-natural agreements.
2. The Federal Arbitration Act plays a significant role in understanding U.S. arbitration processes.
3. John references a personal case about a woman’s mortgage in Florida, highlighting the importance of understanding contract stipulations.
4. Binding arbitration clauses can have significant implications, such as preventing court jurisdictions from handling disputes.
5. Arbitration can offer more privacy compared to traditional court proceedings.
6. It’s important to choose the right arbitration service; not all offer the same advantages.
7. Arbitration is not limited to business; it can be applied to personal relationships, such as marriage.
8. Arbitration might sometimes be preferable to using legal professionals if impartiality is essential.
9. The role of an arbitrator can differ, with some situations having a single arbitrator and others using a panel.
10. The arbitration process can be more streamlined than court processes, but it’s essential to understand the system to use it effectively.
DS4 – Vol 3 – Empowering Families: A Guide to Post-Nuptial Agreements for Privacy in Court – Watch Now
Summary:
In this transcript, John Jay discusses the concept of post-nuptial agreements and how they can help families maintain privacy and control over divorce proceedings and other family matters within the legal system. He emphasizes the importance of understanding and managing these agreements effectively.
Key Points:
1. Part two of the post-national agreement series focuses on excluding the state from family activities, including divorce proceedings, and regaining control over them.
2. Existing legal rules can be used to create these agreements without drawing unnecessary scrutiny.
3. The agreement outlines parental rights, including custody decisions, education choices, and residence.
4. A declaration of trust within the agreement removes marital property from court jurisdiction, reducing its involvement in family matters.
5. Marriage licenses are primarily for tax purposes and do not grant jurisdiction; jurisdiction arises when a petition is filed in court.
6. The agreement empowers spouses to prevent the court’s involvement in their family matters, even if one spouse initiates a divorce petition.
7. The agreement cleans up marital property and assets, ensuring they are managed independently of the state.
8. It includes a binding arbitration provision, providing a means to resolve disputes without involving the court or the state.
9. The goal is to use the agreement to exclude the state from interfering in marriage and child custody issues.
10. By having the agreement and following proper procedures, parties can prevent court jurisdiction and maintain control over their family affairs, ensuring privacy and autonomy.
DS5 – Vol 4 Part I – The Role of a Father and Husband: Legal Boundaries and Natural Rights – Watch Now
Summary:
In the continuation of the Post Nuptial Agreement Series, John Jay delves into the technicalities of understanding the foundational rights and roles of a husband and father in society. He argues that many modern understandings of these roles are misconstrued or not presented at all in schools or the legal system. Jay believes that the role of the husband and father, derived from the choices and responsibilities inherent to those roles, should not be subjected to interference by external entities, be it the state or other individuals. Drawing upon Biblical references and current societal practices, he challenges the authority of courts to redefine or interfere with marital and familial relationships, emphasizing the natural laws that govern these roles.
Key Points:
1. The video is part of the Post Nuptial Agreement Series, emphasizing the technicalities associated with marital agreements.
2. The role of a husband and father in society is paramount and has natural rights and obligations associated with it.
3. Modern society, including the educational and legal systems, does not adequately address or convey the core concepts of these roles.
4. A husband’s role is chosen, and thus, he enters into formal relationships with not just his spouse but also extended family.
5. The rights and responsibilities of a husband and father are derived from natural law and are not created by any statute.
6. Courts and statutes should not have the authority to define or interfere with the role of the husband.
7. Marriages are private and exclusive contracts, which should not be subject to external interference.
8. Court involvement in the allocation of resources or money during marital disputes can disrupt the natural order of familial roles.
9. The concept of “law of the father” is derived from natural laws and has a superior stance compared to any other rulemaking.
10. Drawing parallels with natural phenomena, Jay argues that just as one cannot legislate against rain on a Tuesday, the roles of fathers and husbands should not be artificially constrained or defined.
DS6 – Vol 4 Part II – Roles and Responsibilities: The Trustee in Marriage and Society – Watch Now
Summary:
John Jay delves into the intricate responsibilities and rights associated with the roles of a father, husband, and trustee. He presents the idea that marriage, viewed as a special contract, is a foundational element in the construction of modern society. Jay emphasizes that the role of a father and husband is equivalent to that of a trustee in a trust relationship, where property is conveyed for the benefit of beneficiaries. The trustee bears the duty, as highlighted in a trust corpus, to manage this property. Jay further discusses cases where court interference has led to complications and injustices, particularly during divorce proceedings. He advocates for a proper understanding and application of the inherent trust that exists within marital and familial relationships.
Key Points:
1. Marriage is seen as a special contract and forms the basis of modern society.
2. The roles of father and husband are intertwined with the concept of trusteeship.
3. Trusts are relationships where property is conveyed for the benefit of beneficiaries, creating duties for trustees.
4. The trust corpus describes the rights, powers, and obligations of a trustee.
5. In cases of interference (like divorces), the court often misinterprets or infringes upon the rights and duties of the “trustee” (father/husband).
6. Jay uses a case of an unfair divorce settlement as an example of court interference.
7. He argues against the unfair seizure of property or rights without proper validation.
8. Trustee relationships already exist inherently; they aren’t always written or formalized.
9. Jay emphasizes the importance of mutual agreement and understanding in familial relationships.
10. He calls for an understanding of the trustee’s responsibilities, emphasizing their role in providing love, comfort, and shelter for the beneficiaries.
DS7 – Vol 4 Part III – Understanding the Foundations of Trust and Jurisdiction in Family Law: A Deep Dive into Relationships, Nature, and Legalities – Watch Now
Summary:
John Jay dives into the third part of his series, touching on the profound concepts of relationships and their inherent nature as trusts. He speaks to the role of a husband, which he believes to be inherently tied to the role of a father, describing them as natural laws that have intrinsic duties and rights associated with them. Jay also addresses the jurisdictional issues surrounding family court interventions and disputes the idea that the court can redefine or interrupt what he views as natural agreements between parties. Using the “Parol evidence rule” as an analogy, he emphasizes that just because something isn’t written doesn’t mean it’s non-existent. He also touches upon the idea of jurisdiction and when a judge ceases to be a judge due to exceeding their duties.
Key Points:
1. Relationships are naturally formed as trusts with duties and rights inherent within them.
2. The role of a husband is closely tied to the role of a father, both carrying unique rights, responsibilities, and prerogatives.
3. Family courts often lack jurisdiction in family matters and cannot interfere in naturally formed agreements or trusts.
4. An agreement’s existence isn’t solely based on it being written; prior actions and behavior also matter.
5. Using the Parol evidence rule, Jay illustrates how prior conduct can establish an unbreakable agreement.
6. A judge is not a judge when he/she exceeds the duties of the office and loses immunity.
7. Subject matter jurisdiction is essential. Parties cannot just agree that a court has jurisdiction over a matter.
8. Observations can lead to the understanding of nature, like the inherent behavior and properties of trees.
9. The state cannot redefine marital relationships based on statutory benefits or definitions.
10. A trust in the context of a relationship is irrevocable and has both beneficiaries and trustees with established roles.
DS8 – Vol 4 Part IV – Understanding the Jurisdictional Limits of Family Courts – Watch Now
Summary:
The speaker, John Jay, discusses the intricacies of representing oneself in a court, specifically in family court matters. He emphasizes the importance of jurisdiction and the role of trust in family matters. Jay argues that many family courts may overstep their jurisdiction, especially in divorce and separation cases. He underscores the value of understanding and asserting one’s rights in these situations, ensuring that courts do not violate established trusts, particularly those involving the allocation of resources within a family. Through various examples and hypotheticals, Jay demonstrates the nuances of legal representation and how one might navigate these waters effectively.
Key Points:
1. The speaker is continuing from a previous session, emphasizing the importance of effective communication in court.
2. There are different types of relationships, like marriage and live-in relationships, and understanding their nuances is essential.
3. A generic document is presented which helps to address issues where male authority (father or husband) is contested.
4. The importance of accurately identifying roles such as ‘husband’ rather than ‘boyfriend’ is stressed due to legal recognition.
5. Engaging in court proceedings can lead to external individuals dictating how one should allocate their resources, often at great personal financial cost.
6. The court may lack jurisdiction in many cases, and one’s relationship’s nature might offer protection against certain claims.
7. The speaker delves into the complexities of trust relationships, emphasizing that trust is not just a legal document but an interpersonal relationship.
8. Any allegations of abuse or neglect fall under the state’s police powers and might be outside the purview of family courts.
9. The court’s authority is questioned when it comes to meddling in the fiduciary obligations of husbands/fathers.
10. The role of judges and their qualified immunity in family court proceedings is discussed, highlighting potential conflicts of interest.
DS9 – Vol 5 – Privacy and Protection of Marital Assets: The Role of Chattels Trust – Watch Now
Summary:
John Jay, in Volume 5 of his DS9 series, delves into the intricacies of chattels within the context of marital assets, specifically in situations without pre-nuptial or post-nuptial agreements. Chattels, he elucidates, are property items without titles, such as furniture, appliances, and household fixtures. By placing these chattels in a trust, spouses can provide clarity and prevent disputes over their distribution during divorce or separation. The trust acts similarly to an estate plan that helps avoid probate for significant properties. It’s essentially a simple yet effective method to determine who controls the marital assets and how these are distributed if ever the marriage dissolves.
Key Points:
1. Chattels are properties without titles like furniture, appliances, fixtures, and even the lawnmower.
2. John Jay recommends creating a post-nuptial agreement that declares a trust covering all household chattels.
3. Placing chattels in a trust can avoid disputes during divorce or separation.
4. A trust operates by having a grantor (one contributing the property), a trustee (the steward or custodian of the property), and beneficiaries (those benefiting from the property).
5. The trust can be written informally, without the need for spending vast amounts of money.
6. It’s beneficial to have a written trust to document how matters are settled.
7. Photographic documentation of items can aid in insurance claims and in documenting valuable assets.
8. Any prior claims on the property, like lease agreements, should be included in the trust description.
9. It’s essential to specify terms about how property will be divided upon the termination of the trust.
10. A severability clause ensures that if one provision of the trust is invalid, the entire contract isn’t destroyed.
Overall, John Jay emphasizes the need for clarity and forethought in dealing with chattels, ensuring that couples can avoid unnecessary conflicts regarding their properties in times of marital discord.