0:02 Alright, this is part two, on John Jay. 0:05 There's going to be part two of the the post national agreement has to do with your family and excluding the State from your family activities, even including a divorce proceeding. You can have total control over the divorce proceeding and it's ve...

Alright, this is part two, on John Jay.
There's going to be part two of the the post national agreement has to do with your family and excluding the State from your family activities, even including a divorce proceeding. You can have total control over the divorce proceeding and it's very simple. We can actually use existing rules on the books. No one's going to scrutinize them. You just haven't been using them and so you kinda get your butts kicked in court as what I'm seeing. So this is why I prepared all these things.
So, Part one, I explained about the nature of this agreement.
So in the agreement, I'm just gonna give you the basic elements, and then I'm gonna go into, a little bit beyond that. Because you have to manage an agreement, OK? There's one thing about an agreement, you can just wave in somebody's face, and then you get magic results. You have to, you have the agreement and it's a guide for how people should do things, but you should also understand how to how it's factored into everything else.
That's, you know, part of our society. OK, so, this is what I'm talking about.
So, first of all, the, the agreement, it expresses what the parental rights are, which an aspect of parental rights includes rights to custody of the children and things of this nature, right? Right? To decide what they eat, where they go to school, where you're gonna live. All these things, OK.
So, we all do these as adults and parents and families, but what I've done is put this into writing so that there's a bit of a guide, and it has credibility.
Not that we need to prove anything to anybody, But the thing is, somewhere in this agreement, we've created, I like to create a trust. So what I've done is, and we can do several of these, but just as an example. So I create, I have a declaration of trust inside this post national agreement and the declaration of trust exports all the property that's part of the marital community. It removes it from the ... community so that there's nothing there. There's nothing of value.
So I'm trying to eliminate all the different aspects of how the court would come into the agreement, the marriage, OK. And it doesn't matter if you have a marriage license, that doesn't, none of that matters, OK, a marriage license, you know, that just has to do with the payment of attacks. That doesn't give jurisdiction.
What gives jurisdiction is when someone files a petition in the Court and makes an allegation as to why the Court has jurisdiction, and many times the Court, will you take jurisdiction, especially in a family court situation, where one spouse passes a petition for divorce, OK?
Now, what I'm doing with this agreement is not gonna allow you the other spouse, even if one of the husband or the wife goes into court.
Or, if, for some reason the court gets involved involuntarily.
The way I've set this up allows you to have the ultimate power to decide. No, I'm not going to let the judge and be involved here. So the way this works is, like I said, we remove all the things that the Court would normally get involved with, remove the property. That Chattels, if you wanna call it, that, the channels would be things like, the Household goods, not, not assets, assets, or hopefully you've already organize your assets that are outside of the American community anyways or outside of your estate, or both of your States.
But if not, disagreement cleans that up.
The other thing that's in here, the other important aspect of this, is that there is a binding arbitration provision.
And it doesn't, again, bring you back into the system, the court system, and the state, and the government, and all this sort of thing.
But it gives you the freedom to have a way to resolve any disputes, but, but also if there, let's say a marriage is perfect the way it is, and you don't need to have, you know, I'm not trying to show people how to get divorced here. What I'm showing people is that you can use a post nuptial agreement to exclude the state from any possibility of getting involved in your marriage and getting involved in the custody of your children. I think that's what most people want. So these are my methods of doing it. But the one that really makes it work is having a binding arbitration provision in the agreement, the Post National Agreement.
Now, you can make this a pre-nuptial agreement: It's better as a Pre-nuptial Agreement, and it's not.
it's not a way to exclude the other spouse from wealth, OK? You can write an agreement for that purpose. This is not what I'm trying to do here. What I'm trying to do is give the family, the husband a wife control over the state that wants to try to come in there and do things, OK. You can write this however you want, but this is how I'm doing it. So if I have a binding arbitration clause, the Court can't get in there and decide to do anything.
And the judges are quite limited, in their discretion about deciding who gets what money and who has what obligations in a divorce situation.
If I have arbitration, that's completely different matter because the state law doesn't address, from what I understand, I'm it could be wrong, correct me if I'm wrong.
But the state law does not address private arbitration agreements because there's no judicial system there, OK? Because you are the judicial system, the state cannot regulate the family in that in that context. And so we're just taking that, right?
We're taking that ability and making sure that we're not gonna give it up right. The state's not going to come in there and just do it at once.
We get to do what we want. So with a binding arbitration clause, I can reach an agreement, or I can exclude the state. I can do anything I want. I can administer my family, my marriage, whatever.
I can do it on terms that are amenable completely to the family. And, once that's all completed, I can then go, or we can then go, if there's ever dispute, like, for example, divorce or something.
We can go to the Court for simply confirming what we've already decided court doesn't get to say anything about it.
Gives you all the power, OK, now, let's say, one spouse wants to, doesn't like this, right?
one spouse, maybe later in the future, doesn't want to be peaceful, right? Does it want to be co-operative? So, he or she would go to the court and petition for divorce.
In this case, this also protects the other party. In fact, it protects the other party and the children.
That's really about, you know, it should be concerned, right? Is we should be concerned about the children.
They shouldn't be, you know, the tool of this, the disputes between adults, right.
So this, this agreement allows us. So here's what happens. I'm going to show you some technical things here.
But if someone were to, if one of the spouse worked or try to go to try to go to the court and get the court involved.
And when you have an agreement like this in place, you would simply tell the court, It didn't have jurisdiction. Now, I know a lot of you have done this over the years, and you're always wrong. OK, You're always wrong, because the court, I don't care if you have a marriage license or not, The Court is going to take jurisdiction over residents who are parents. It doesn't even matter if you're technically married or not, or living together. I mean, there's all kinds of criteria, but the court is going to take jurisdiction, but they will not be able to courts, will not be able to do it.
When this agreement agreements in place, you will see why here.
Let me just switch over onto a screen, share real quick, Not to be too technical, but I just want to give you a glimpse as to why I, so, I just called this file here, how to require, OK, so how to require compliance with this post ... agreement?
Doesn't mean it can't be a pre-nuptial, but how to require. So, I'm just explaining here a little bit.
Sometimes, you know, one of the spouses may want to go to the court, but in order to do that, the spouse has to claim that there was abuse or neglect regarding the children, or that the other spouse was violent or abusive. Right? There has to be something like that, but then there has to be evidence.
And I know a lot of times the courts proceed without evidence, but if you have this in place, I really think you're gonna put a stop to whatever the court wants to do. And it's gonna require the court to actually have an evidentiary hearing. I'm not here to talk about that right now. I'm just saying this is going to give you all the power.
to keep your family business within your family and not allow the state to intrude.
Even if one of the spouses tries to use the court, the state, or the police even to intrude.
OK, I hope that doesn't happen, but this, this is very powerful.
He had this post, nuptial agreement, is very short, OK, Just to sort of prevent this, we would just simply, we would have a record of this agreement, OK. So what I'm recommending is that when you do this post national agreement, let's just say, it's going to be a post snapshot between your spouse, that you do it in front of at least two witnesses, and maybe there's some relation to the family.
To yourselves, they can be friends, Friends of the family. Probably doesn't matter, it should be a witness that each can, can verify that He or she knows you, OK, and witnesses. Your execution of this agreement. It's only like, right now, it's a two page agreement. I make a B, eight pages.
I don't see that it needs to be 20 pages, but in any case, I like to use witnesses. I did mention here that you can have your signatures for husband or wife notarized, but again, you're using an officer of the court. Doesn't confer jurisdiction.
It's OK, but if you wanted to be clean and clear away from the court by any way, then you would, you would have to witnesses, OK, and actually, I wrote the agreement for two witnesses. I didn't even have a ... here at ... Is where they have the, you know, the state and the county identified and then a spot for the notary witness with his Lucas Sigli I write the place where he signs and puts a seal.
I didn't even put this on the agreement.
Now I'm not showing you the agreement here. I'm just making my, here's my notes, OK.
So, anyways, what you would do is, you want to show, first of all, that the agreement is definitely finding that neither party entered into it under duress or was coerced into it, are tricked into it or something like that. And each party had a chance to confer and research in Rio over it and and really agree to it, OK. Now, the way to do that is very simple. You have it executed one day and then you wait a few months and have assigned again. The identical agreement. New date, same witnesses even could be different witnesses, it doesn't matter. But had the same exact contract agreed to on a different date.
Make sure it's the same identical contract though.
Then possibly do it again or maybe do it every year, right.
Do it every year, maybe during your family reunion, right? or just before, but just do it on a regular basis or at least a few times and have it documented.
Have, you know, copies in a secure location, Maybe hopefully a neutral location, OK, you can think that through, but that will show consent.
That will show, I mean, if you show consent several times over the same item, you're not going to get around that. You're not going to be able to tell the court that. It was done without my consent, or that I was tricked into it, right.
Pretty easy.
Um, anyways, then, we want to we can then compel once we have it established, and there's no question about the competence of the parties, and, you know, whether or not there was dress.
We can then go to the court if, if one party wants to go to the court and get the court to intervene and try to, over step over this post nuptial agreement.
We can actually respond, and the respondent is going to do this right, because you're not going to do this if you're the, if you're not the one going to the court. You're the respondent, so the petitioner, or the other spouse that's trying to get the court involved when the court should not, or could not be involved.
You would become, the respondents said that I wrote, this, is like this, so it looks like this, as you've seen before. You have your court title, just a legal, one page document, OK, You have your petitioner versus the respondent in the case number, you can copy this off of documents if you're served with the documents, which you would be in that case. And you would write something called a motion to dismiss now, the way this works is, and I didn't put the language here, I'm just going to tell you, it looks like it would sound something like this.
You would say you could speak in the first person, if you want.
I, I, I'd lots of times, right? In the third person, you would say, The respondent moves the court.
Or I move the court, or I, John, John Smith, move the court to dismiss the petition for divorce, or whatever.
the thing is, For the reason that the petition fails to state a claim or cause of action upon which relief can be granted.
In other words, you're saying that the pleading the petition that was filed, um, does not invoke the court's jurisdiction, therefore the court doesn't have the authority or the jurisdiction to here the petition that was filed and why does it not?
The next thing is, you would say a binding about a binding arbitration agreement entered into by both the respondent and the Petitioner on the dates of this day that day and the other day. See why it's important now, if you have several dates, where you agree to the same agreement several times, OK.
So you would say that a binding arbitration agreement is was entered into by the parties on these dates. A true and correct copy of which is attached as Exhibit A right? You would just include this with the motion to dismiss.
And then, you could call a post. an Upsell Agreement, if you want. It doesn't matter.
Mean, you're going to show the judge this, and he's going to be a little amazed that you actually have something like this. And he will summarily dismissed the case. There is no discretion.
He cannot proceed.
And last, he holds, the only thing he could do is have an evidentiary hearing for the purpose of establishing if there is evidence of abuse or neglect.
And then, yeah, that would give the state a limited no purview into getting involved, right?
So, Lot, a lot of power here, OK, but You gotta take responsibility. If you do this, you've got to take responsibility. You've got to be ready to handle your own business. OK, your own Family Affairs, Right?
So I'm gonna come down here a little bit part of the administration or part of the legal process, where you would file a motion to dismiss because there's a binding arbitration clause.
because it's binding arbitration, the court doesn't have jurisdiction.
You would then, possibly, and this is optional.
You would also then see, I scroll down a little bit more, There's, there's a technical thing, I'll explain what that is, in just a second. But you would, you would do something like this. You would do another document.
And you would ask the court for something else. This is a request or a motion. You're moving the core. OK, you're asking for the Court, even though the Court doesn't have jurisdiction, you're still allowed to ask, would you issue an order compelling arbitration? And the Court does have the authority to do that.
The Court has the authority to dismiss the case and it can also order that the parties go an arbitrary, as per their agreement.
What does this tell you?
A post, an actual agreement is the law of the marriage.
You guys have been abandoning this property for decades. You've been, just by default, letting the state decide what the law is of your marriage and I'll tell you what it is. It's whatever the discretion of the court is that he or she the judge, wants to set, to exercise in a divorce proceeding, for example.
And it's the statute.
Do you like that? Do you like statues written by legislatures have never met you that were probably even dead by now? They wrote statutes that are now governing your marriage because you abandon the property, right?
That I'm showing you how to recover here, OK? This is like a moral thing to do. Everybody should have a pre-nup post, post nuptial agreement, OK? It should change all the time. It should reflect the, the wants and desires and needs of the family and the children, OK, this is how we manage our private affairs. We should be doing it that way anyways.
But you can ask for dismissal because there's no jurisdiction because there's a binding arbitration clause. And then, you can ask the Court to issue an order, compelling the arbitration under the provisions of the post nuptial Agreement.
Now, the technical thing here that I wanted to talk about is over here is anytime you file a motion and in this case, you would do a motion to dismiss OK, for the way I said. And then you would have a certificate of service. And then you say something like, I John Smith hereby certify that a true and correct copy of the foregoing was duly served upon the other party or the other Party's attorney.
At the address of whatever the address is on the date of such and such by first class mail.
That's all you need is first class mail. And then all you would do is put your initials here. OK, you don't sign it.
That's the Certificate of Service.
Now, that's just as good as certified mail or something, but the Certificate of Service is under the rules of civil procedure.
If you ever wanted to look it up, it is, it is taken at face value. And you're certifying that.
The document was mailed than the within a few days of the date appearing. Most of the time. You try to make it the postmark date of the date that you're mailing it, so you would send this document, this motion to dismiss with a certificate of service with the exhibit.
Write the post national agreement, a copy of that only.
You would send that to the clerk of the court, which is very easy to find.
And you would also send it to the opposing side or his or her attorney.
OK, that's the same thing for the next document, which is a motion to compel, right. So when she did the motion to compel, you would just say, the respondent moves the court to compel arbitration, as per the post national agreement, exhibited with his motion to dismiss as very simple, OK.
And you can put wherefore, say it all, over again, I mean, it's not hard to do this, OK, and then you would sign it and you're the respondent, OK? You're going to be the respondent in every situation here. You put the date and all that sort of thing. And then for that motion, you do another certificate of service.
Now, you could put both motions together and then one certificate of service. It's not that important, OK? If you put it all on the same envelope, see what else we got?
So a lot of times just to be courteous and sometimes the judges give you a hard time if you don't do this, but I like to be courteous.
I'd like to put a proposed order.
No, And you would say something like, um, the Court having been fully advised in the premises on respondent's motion or respondent's motion to dismiss and motion to compel it is hereby ordered that, or it's hereby ordered, granting, or denying the motion, or granting this motion and denying the other motion. So you can write this paragraph, however suits your situation. I'd love to have big blank area here. OK, I didn't really want to write the whole thing for you then. I always leave a little spot here, in case the judge wants to throw in his 2% and say something else where he might have authority for something he might, you might like what he comes up with. Sometimes they come up with something that you never thought of before. So, I always give them that, that latitude and just, you know, to be polite and is further ordered, that the judge may handwrite some things in there. OK, And then this is not something you're going to sign this is something that the judge my sign. In fact, he may not even like your proposed or he might just completely have his assistant create a whole new document, OK?
But that's his choice or her choice.
And then of course the judge decides it would would would date and all that now below the judges signature I didn't put that in here but you would have the Petitioner's address and or the petitioners attorney's address.
And then you would have your address name and address. And so you would indicate that copies were mailed to everybody, you always have to do that. If the judge has to send something out, it has to be sent to everybody, right? So you would just put in this little area down here, that, you know, each party's address or his attorney, alright. Pretty simple, right? I hope.
But anyways, this gives you a lot of power. It recovers a lot of power. If you guys can do this, you'll have there'll be so much change, OK, in our system.
In fact, it might make the family court go out of business. It's a franchise, The Family court is a franchise, OK.
It's there to convert property, and don't get me started on that subject, we don't like it for the most part, so this is how you deal with it.
I look forward to our next discussion on this one of goodale.

DS4 – Vol 3 – Empowering Families: A Guide to Post-Nuptial Agreements for Privacy in Court


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.