jbar
(Platinum)
10/10/07 08:49 PM
68.88.75.106
Re: Wives are not like you described for the most

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There are always some bad apples, but if you think the courts are bogged down now, could you imagine if every marriage had to be put under a microscope every divorce to see who gets what?
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This is why attempting to weigh all factors in a marriage, to detemine "who gets what" can never work, in spite of case law allowing it. The complexity of such an undertaking means that all this really does is throw law away and replace it with the subjective REACTION of a judge in a given case--the worst thing imaginable, as two different judges could regularly give essentially opposite rulings in essentially the same case! What an obscene, tyrannical farce!

Again, the only sensible and just approach to the property question in divorce is to allow everyone to keep whatever they already have, by title or possession, UNLESS they can PROVE that the assets should be divided in some way or transferred to the other party. Any work or other contribution made, one party to the other, must be considered a bona-fide gift--for all time--unless a contract providing otherwise can be produced.

As I have previously said, the existence of an "implied partnership" can be recognized if it can be proven that both parties actively worked together in a real business, and the residual assets of the business can be traced! If either party doesn't like this situation they can, at any time, DEMAND A POST NUPTIAL CONTRACT CORRECTING THE SITUATION OR DIVORCE THEIR SPOUSE!!

Nuff said!



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