AAOTW: SCECS A.M., Divorce, and the PC

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Anthropological Aspects of the West:
SCECS Accepted Marriage, Divorce, and the Private Contract

 
Even though some will disagree, whether individuals choose a formal or an informal Private Contract, or they choose to participate in the SCECS Accepted Marriage, each represents a mutual contract.

That means that if one no longer mutually agrees to contract with the other, then the one who no longer mutually agrees to contract can seek to have the contract terminated that governs their personal relationship.

For me, whether knowingly or unknowingly, that concept of mutual contracting seems to be a practical part of No Fault (Uncontested) Divorce, even though some will disagree with that assessment.

But, I maintain that the personal relationship, whether governed by a Private Contract or governed by the SCECS Accepted Marriage, is a mutual contract. As such, when one or both can no longer mutually agree, then contractually one or both can seek to terminate their contract, and/or one or the other can contest that decision.

However, the SCECS Accepted Marriage itself does not provide any internal definitions, developments, understandings, accountabilities, responsibilities, or clarity for terminating the SCECS Accepted Marriage.

That is why people write a prenuptial agreement. But a prenuptial is an addition to the SCECS Accepted Marriage, because the SCECS Accepted Marriage itself does not contain that information.

Therefore, it is little wonder why a divorce can be both miserable and vicious. Unless, perhaps, there was a Prenuptial Agreement, which is a legal means of trying to anticipate what will be done if/when the SCECS Accepted Marriage ends.

Similar to the concept of the Prenuptial Agreement, and potentially providing additional or greater clarity about definitions, developments, understandings, accountabilities, and responsibilities is the Private Contract.

The Private Contract can specify possible reasons to terminate the Private Contract whether it is through divorce, separation, or death. The Private Contract can address concerns and specify things that need to be done in the event of divorce, separation, or death.

Such things could help ease these tense moments, which is why a legal website stated the following regarding the Prenuptial “Many prenuptial agreements are entered into simply because couples do not want the courts to decide on asset distribution should the marriage end.”[1]

The above statement makes it clear that the State, representing the Electorate made up of families and entities within SCECS, does not always involve itself in the divorce of a SCECS Accepted Marriage.

Since that is known, some SCECS Accepted Marriage participants choose that if there is a divorce that they are going to limit the State’s involvement, if not remove entirely the State’s involvement.

That means SCECS Accepted Marriage participants can write a Prenuptial Agreement, which functions as an additional legal document to their SCECS Accepted Marriage.

While the Prenuptial is not something that is attached to every SCECS Accepted Marriage, the Prenuptial seems to be gaining acceptance, by both men and women who want to have direct input as to what happens if a divorce, separation, or death should occur.

In essence, if at the time of divorce SCECS Accepted Marriage participants do not have a Prenuptial Agreement or the participants do not provide a written Maritial Settlement Agreement[2], the State has the legal purview to govern the manner in which that SCECS Accepted Marriage is settled.

In essence, when SCECS Accepted Marriage participants do not take an active role in governing their personal relationship, those SCECS Accepted Marriage participants put themselves at the mercy of the State.

Additionally, about the Prenuptial, the legal website also stated “A few minutes of upfront planning have the potential to save headaches and tremendous financial hardships in the long run.”[3]

In essence, that legal website is expressing that SCECS Accepted Marriage participants can save themselves difficulties by limiting and/or removing the State as a governing partner/entity in the event their SCECS Accepted Marriage ends.

How does the divorce correlate to the Private Contract?

The Prenuptial is usually written prior to the official ceremony and signing of the SCECS Accepted Marriage document. In essence, the Prenuptial began as Private Contract between the couple who wanted to formalize their relationship with the SCECS Accepted Marriage.

Thus, the Prenuptial works as a type of vestige of the Private Contract. Even though that seems certain, I would suggest to anyone considering becoming a SCECS Accepted Marriage participant to have a Prenuptial Agreement.

Since, a Prenuptial Agreement or a Maritial Settlement Agreement makes it legally possible to remove the State’s involvement in a divorce of a SCECS Accepted Marriage, then it stands to legal correlation that it is possible for Mary and me to write a Private Contract to govern our personal relationship and thus remove entirely State involvement from our personal relationship[4].

 
Footnotes:
[1] Definition of a Prenuptial Agreement; Legalzoom.com; June 12, 2017; https://www.legalzoom.com/knowledge/prenuptial-agreement/topic/prenuptial-definition

[2] Marital Settlement Agreement. When filing for divorce, one of the options presented to Mary and me was to permit the court to divide the property and debts, which means that the State would deem what it thinks is just and right when overseeing any disbursement and settlement of property and debts.

However, for our divorce, Mary and I chose to write a Marital Settlement Agreement, presenting to the court how she and I would settle things.

In the divorce hearing the Judge asked me questions and the Judge reviewed the Marital Settlement Agreement, then granted the divorce.

In essence, for our divorce because Mary and I provided a legal attachment that gave legal specification as to how she and I would settle our property and debt, together she and I effectively removed State oversight from our property and debts.

[3] see footnote 1.

[4] By receiving a finalized divorce, Mary and I intentionally and mutally agreed to divorce ourselves from the SCECS controlled SCECS Accepted Marriage. This means that Mary and I are now capable of being individuals, active in defining, developing, giving understanding to our Private Contract which will govern our personal relationship, along with providing accountabilities and responsibilities for ourselves as individuals within our Private Contract.

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