The Fundamentals of Divorce
By Trevor Banks
12th
June 2002
WORK IN PROGRESS
Foreword:
This article is for entertainment only. I am not a lawyer. I am an idiot who
knows nothing about the law. If you were to follow any of the ideas raised
in this article then you are an idiot. I wrote this story from my bitter
and twisted divorce experiences and added to it with a liberal lather of
fiction. So you must accept that these are ramblings, opinions, ideas, dreams
and fiction of an insane man and must be treated the same. You must not consider
any piece of this article as legal advice in any way shape or form.That's
what lawyers are for. If you need a lawyer, look
in the yellow pages.
Main Headers:
Tricks and cons
The terms of warfare often
become one of "anything goes". Any trick or con that can be used to
get an edge will be milled by the aggresor.
Thinly veiled accusations of violence, molestation, rape, drug use, religious
extremism, necrophilia, beastiality etc. will be used to add weight to their
campaign and force you to concede. These acts can also be used
Pre-Nup and Post-Nup
Agreements
Most attorneys will tell you that these pieces of paper are worthless.
My opinion is that they have tremendous value for you and your spouse becuase
they will limit the amount of work the attorney will need to do for you
at divorce, so it is not in the attorneys interest to have these signe
How I planned for my Kids
Dissolution of Your Assets
Why you should fight to the death
My Strategy
The defacto standard nowadays is to always give the house to the woman. It doesn't really matter what happened, remember the state sees that woman need protection
etiontoday Judges today
give the house to the woman. There is no ifs or buts or arguments that can
change it.
The fact that she stayed at home to bring up the kids and is now unemployable
is your faultIf you have kids,
As soon as I realised I was heading for divorce I met with every top divorce attorney in the area. This did nothing for my case, but ensured that my wife could not seek advice from any of them as this is against law practices.
Did you see the movie Magnolia ? Its time that women started to respect the cock
Divorce should be done by accountants not lawyers, It a money game not an emotional one. Why do lawyers process divorces - Its that tradition thing again.
The bond of marriage is a terrible contract that would never be ratified by a lawyer, if it was not for tradition. It seems tradition is the thing that keeps this shell game going.
Pre NUp and post Nup
Ten Things You Need To Know Before Saying “I Divorce Thee"
How to plan a divorce 2
years in advance of telling your wife.
Why you deserve all the assets you worked hard for.
How you can take care of your kids without the wife getting your estate.
How to have an affair and a divorce - without interference.
How to hide your earnings from your wife.
Pre- nuptial and post-nuptial agreements - why you need them.
What tricks is your wife going to pull to get money out of you
Divorce, Terms of engagement - Realization that it is, in fact, a war.
How to make money through your divorce and keep it.
How the attorneys mind works - how they make their money.
The Smart Mans Plan For After The Divorce
How to stop your wife using
the kids as a weapon against you
How to hide assets before, during and after a divorce
How to stop your 401k from being plundered
How to have a relationship with a new person without bitterness
Dating contracts - why they have become a necessity today
Why you should marry a dummy and not a smarty
Legal Terms Explained
The Lawyers Retainer -
A blank check of woe ?
Equitable Distribution - The legal rape of your assets ?
Negotiation - Trying to keep what you own in your pocket.
Settlement - Where lawyers decide your livable worst case scenario.
Pregnancy - Your death sentence and her passport to luxury
How to plan your divorce two years in advance
Here's the scenario:
Your wife is pissing you
off and you want a divorce....You have an argument with her in which you
blurt out "I want a divorce ".....What a schmuck you are...You
just screwed yourself...
We estimate that this declaration probably cost you 25% of your estate right
there... so lets figure a conservative estate worth $300k, therefore each word
cost you $75k - Wasn't worth it, was it ?
If only you had known,
you could have put mind over matter and started planning your divorce at
least two years in advance before saying those fateful words.
During this time you can focus on such matters like - hiding assets, blowing
money legally, planting blame, creating scapegoats, creating alternative lodgings,
resigning from your job, manufacturing evidence, covering up evidence, minimizing
assets, mazimizing costs, maximizing loans, faking an injury, feigning insanity
and a variety of other "Smart moves" that will allow you much greater
leverage when the "Bombshell" time draws near.
Missing this window of
opportunity is just as bad as saying "I do" without a watertight
pre-nuptial agreement. Dont add insult to injury, take this time to take
stock, reload and plan your escape from the "Colditz" you call
wedded bliss.
Realization that this is in fact a war, the sooner you realize this, the better
it will be for you.
Reqd Reading: Love Stinks Video
In Love Stinks, Seth (French Stewart from TV's 3rd Rock from the Sun), a sitcom
writer-producer, meets Chelsea (Bridgette Wilson, Billy Madison) at his best
friend's wedding. He's immediately smitten by her blonde babeness; she's attracted
to his income and single status. For the next 45 minutes she tries to get him
to commit though a combination of skimpy outfits and wild mood swings. When
she finally realizes he's not going to, she turns into a vengeful harpy and
tries to make his life hell. This is funny if you believe that women are manipulative,
money hungry, marriage-fixated psychotics. The standard of wit is best expressed
in the line, "Drop the probe and step away from my ass," declared
by Seth as he's about to receive an unrequested colonic in a spa. It' makes
you think, what shit did this comedy writer go through to make him dream this
up . Writer-director Jeff Franklin previously made two TV movies starring the
Olson Twins; this may have been his attempt to exorcise some relationship gone
awry. Love Stinks also features Bill Bellamy (Love Jones, Def Jam's How to
Be a Player) and supermodel Tyra Banks.
Why you deserve all the assets you worked hard for.
Lets face it, you worked
hard for the money, why shouldn't you keep it ?
You worked long hours, blood sweat and tears, gave up the wonderful luxuries
of home life - You deserve everything you created.
The idea that assets must be split between the parties harps back to the middle
ages when women had no rights, assets or future of their own.
Times have changed, the law has not kept pace.
You do deserve to keep all your assets. The courts will see that you will lose
them - You must fight every step of the way and remain strong against the evil
that is called "Woman"
The enemy knows this and like any enemy in the history of warfare they will exploit your weakness.
If it is a war, then you must act as such and treat your children as hostages, you want them out of enemy territory but the enemy will use them to maximum affect, you must make them expendable.
Any media focus always
leads to longer sentences for hostages and more of a payoff to the kidnappers.
To be successful in springing your brood you must plan a surprise attack, such
as; getting the mother committed, planting detrimental evidence, allowing the
enemy to become lazy and unguarded.
If these actions seem harsh, its because you are at war, you just have not realised it
How to have an affair and a divorce - without interferenceIf you had an affair, got caught and now she wants a divorce - then you are
a shmuck.
Even in a "No Fault" states the judge looks upon actions such
as this in a bad light, especially for a family man and whilst the regular
judicial
decisions will follow a normal path, the border line decisions will not
go in your favor IE. Visitation rights, alimony etc.
A more pragmatic approach is to hold off banging the new woman until you are
legally seperated (Although this term is a very gray area)
Then just go crazy, who cares - as long as no evidence exists for prior to
the break-up.
Remember the enemy will use any method they can to discredit you, so be prepared
to defend your position - Have your witnesses ready and you affidavits completed
- these are your weapons in this war.
How to hide your earnings from your wife
Resign your job in favor of a lower paid cash in hand job.
Get fired and collect unemployment, but continue to work for your company through
a back door method.
Have your salary reduced and have it increased with the missing reduction after
the lawsuits are complete.
Once a "Laughed out of court" document the pre and post nuptial documents are gaining more and more credibility in legal circles
Celebrities ALWAYS have them, why then shouldnt you ?
One of the big problems that you face is that your female partner refuses to sign one, stating one of the following statements like:
I dont want to start the marriage on the wrong foot
It makes me think you don't love me
Is this business or marriage ?
You dont have the same feelings as me
My last husband made me get one and I didn't get anything from his estate ?
All of these lines completely miss the point that 75% of marriages fail, so
chances are that yours will fail - you must take insurance out against this,
The agreements are this insurance.
A Pre-Nuptial Agreement is a contract signed before a marriage to set forth by contract each person's rights in separate property, income, alimony, child support, and inheriting from each other. The contract is intended to change what would occur by law if there is a divorce or if a spouse dies.
These types of contracts are sometimes referred to as an "Ante-Nuptial", or "Pre-Marital" Agreements.
Because a Pre-Nuptial Agreement
will almost certainly alter a spouse's rights under the law, each spouse-to-be
is strongly advised to seek the advice of his or her own lawyer before signing.
In fact, if one of the spouses-to-be does not have an independent lawyer,
a court may refuse to enforce the Pre-Nuptial Agreement.
The law on the enforceability of, and requirements for, pre-nuptial agreements
varies from state to state. Remember that a basic requirement for enforceability
of a pre-nuptial agreement is for each party to be represented by independent
counsel. It is strongly recommended that you consult an attorney before negotiating
a pre-nuptial agreement.
Two copies of the Pre-Nuptial
Agreement, including the exhibits containing the income and asset schedules
for each party, must be prepared for each party's lawyer to review. To help
ensure enforceability, each party's lawyer must sign the final agreement
to verify that the parties are fully aware of the meaning and effect of the
Pre-Nuptial Agreement.
A Pre-Nuptial Agreement allows the parties to specify that certain property
and income is to remain the separate property of each person, and is not subject
to division in the event of a divorce.
The agreement may also be used to eliminate the possibility of a spouse receiving
an inheritance out of a deceased spouse's property.
It also allows you, in those states which permit it, to establish alimony obligations.
This agreement also allows you to deal with the practical matters of running the household. For example, it can be used to establish matters like a joint account for day-to-day living expenses, whether any automobiles are jointly owned, gifts to each other, and ownership rights in the residence. It also provides an option for the owner of the residence to allow the other spouse to continue living there if the owner spouse dies.
This Pre-Nuptial Agreement follows the virtually universal law that these agreements must be based on a full and complete disclosure of each person's property and income to the other spouse-to-be, and that the terms of the agreement must be fair and valid. This agreement includes exhibits where each spouse-to-be is to list his or her assets and sources of income, so that the information is disclosed to the other party. The disclosures must be made sufficiently in advance of the wedding to allow the other party enough time to review and discuss them with an attorney.
This agreement provides
the necessary options for couples who live in community property states,
including Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington,
and Wisconsin.
It also includes options if either or both of the parties have minor children
from a prior marriage, and allows you to specify, for example, that neither
party has any obligation to support the other party's children.
Post-Nuptial Agreements: A Post-Nuptial Agreement resembles a Pre-Nuptial Agreement in that it may change the property, debt and income relationships between spouses to follow rules different from the Family Law Act. Spouses are subject to a marital duty of trust (fiduciary duty) toward each other which, if violated, may invalidate a Post-Nuptial Agreement.
There are some public policy limitations as to what rights and legal interests spouses are allowed to give up, even voluntarily.