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If you ain't no punk holler "we want pre-nup!"

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  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    efb wrote: »
    And if farmers want a religious wedding they will have to get the church to change too!

    If a farmer wants a pre nup, fine, but his wife should not lift a ****ing finger, not even to make a cup of tea.


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    If a farmer wants a pre nup, fine, but his wife should not lift a ****ing finger, not even to make a cup of tea.

    Why? Is making tea "outside normal marital duties"


  • Banned (with Prison Access) Posts: 679 ✭✭✭Lt J.R. Bell


    Sleepy wrote: »
    Let's start by making it unnecessary for a court to "interpret" it. Let the lawyers go tell each other how great they are in the bar whilst leaving some technical writers define a new constitution.

    First off, let me thank you and your pally wally who thanked you for your comment. You made me laugh heartly . Nothing better to listen to someone who hasn't thought his statement through

    So, you advocate a Constitution about 300 pages so, which will be specific as to the meaning of every word or provision. Make the Document inflexible and potentially contradictory, thus the need for many referendums to change it. Though I assume, you probably oppose referendums on certain areas.


    Leave it to the Legislatures, I hear you say?

    You are surely aware of the dangers with Legislators having all of the power (was going to say Parliament but they are a joke) who guillotine legislation into law eg Marriage Referendum , still waiting on this adoption act that was due to get rid of the arguments from the No side about adoptions (always intended to be last minute enactment)

    This might shock you, but...... the guys who draft the legislation of this country.... tend to be lawyers! The very same guys who are or were in the Law Library . Certainly aint the TD's. They kinda have to look at the Law to ensure that they are complying with the Constitution


    So, you have a major problem with the State Departments /government/State, you go to Court. You don't want an Independent Body like the Judiciary to interpret what a certain word in the Constitution means, or to listen to your argument that a provision, in light of today's society should actually mean something else (something in your favour). Roooiiigggghhhttteeee.
    Sleepy wrote: »
    You say this as if references to fairytales in legal documents are acceptable.

    Sound bites don't make good argument. You gotta make more of an effort

    This is what I said

    The following to be changed: The Preamble.

    I doubt one would dispute the removal of this now harmless provision.


    I also said

    1. the church special position is gone, - Fact. Gone since 1973. Anticipating your reply, The Equality Act provision is separate to that, part of religious freedom. School run by the Church is also separate to that previous sub provision. (oh how did Ruairi get on with changing the schools again? How many changed?)

    2.the parents are still the people responsible for the kids subject to better State intervention (hopefully with the new amendment amendment) Fact, no fairy tale. Remains to be seen how effective the State intervention will be . So, far courts are full of child care applications, so... Other than were it's merited ,you advocate in State Interference of families?
    Sleepy wrote: »
    **** what the special interest lobby groups want. A single line stating that no laws can be enacted on the basis of gender would be the ideal imo.

    I don't really have an issue with the provision on place in the home and non obligation to work, in order to raise the family, being gender neutral. I'm all for the man /father to have a better deal. However, I am interested in what is practical, and not what "would be ideal"

    I doubt you could really say that certain women's groups who participated in the Convention discussions over the past 10 years could be classed in the same league as lobby groups for business. They do represent a very good proportion of the electorate. However, a lobby group is a lobby group. Lobby groups tend to be the voice of alot of people that it represents , yall.

    All I said to this , is that economically and politically, that won't fly.Guaranteed paternity leave? Whose gonna get out and work?.
    Sleepy wrote: »
    That blasphemy is considered a crime is farcical in the first instance. Believe the world was accidentally created when an incorporeal nose sneezed for all I care, just don't expect me to respect that belief.

    Meh, I have no real opposition towards getting rid of it. Though, I oppose the despicable behaviour of the Je Suis Charlie bigots, even if it was towards Muslims. It is strange that it was in the Constitution, don't think other Constitutions had it or have it.

    No one cares what you think, you are just one person (my comment about the likelihood of it succeeding to be removed, is just an educated guess,no more) Suffice to say, that might have a rocky enough passage to be removed (not a reason to prevent a discussion or referendum of course)
    Sleepy wrote: »
    And with good cause. Property rights would obviously form part of a new constitution. Which is why I stated we should start afresh rather than do without one.

    Eh, why would you start "afresh"?, we already have strong property rights and right to a good name, contained in the current Constitution. Who on earth would suggest not having property rights in any Constitution?
    Sleepy wrote: »
    Do you think the convention meetings were in any way representative of the population of Ireland?

    No, but, they pushed the gay marriage referendum ...

    Everyone is invited to make submissions at these Conventions, so......

    Society can't stop and wait just because people in society are too busy, uninterested or down right stupid to engage in discussions or meetings about how we want our society .the election polls are pretty poor, so, can you really say that our current Dail is really a true reflection on our society ?

    The only true test of what the people think is the Referendum

    Conventions also comprise of experts in the field dealing with the subject. You have also got the legal experts who state what the laws have been since the meeting. You kinda need that, to know what you are seeking to change.

    All seriousness, do you think proposals some how come out of thin air?

    Most referendum proposals come directly from Constitutional Review Conventions unless of course, they are in response to a recent court case

    What are you looking for, a populist vote on important Constitutional matters? Great, an never ending amendment based on the witterings of whomever is in power at a particular time.
    Sleepy wrote: »
    That those present were even the most competent to represent them or govern them? I wouldn't think so.

    I wonder whether you even know who tends to attend these Conventions. I kinda of doubt it.Suffice to say, keep your eyes and ears peeled for the next one, you are welcome to attend
    Sleepy wrote: »
    I'm far from a "social leftie", the most accurate label I've seen for my politics would be "meritocratic".

    Praise the Lord
    Sleepy wrote: »
    I can't see Bunreacht na hEireann as a solid document. It's a relic from a distant past and to use an analogy of something of a similar age,

    You see nothing. You haven't a clue about what the Constitution says. Your lengthy statements above confirm this.

    You have barely addressed anything about how the Constitution would drastically be any different if it was drawn up today.

    The Constitution more or less has ALL of the Fundamental Rights that we now see in the European Court on Human Rights. THe Constitution was drafted in 1937, Convention in 1956. The Court Interpretations, which, you laughably want rid of, kept Bunreacht na hEireann up to date to meet with modern times (some of which was inspired by the ECHR which wasn't part of our laws, domestically, until 2003).

    If the Court can't or won't rule in your favour, in theory , one avenue is to call for a referendum to change the Constitution.
    Sleepy wrote: »
    a Ford 136 can have it's oil changed, it's brakes upgraded and it's steel patched but sooner or later, it comes time to replace, rather than patch things.

    Waffle . You believe in change for the sake of change, but don't have the foresight or intelligence to note how similar a new Constitution would be to Bunreacht na hEireann, one that would REALISTICALLY be approved by a majority of the people of this country. You have failed to identify substantial provisions that would be removed or changed. (I emphasise on the word substantial)

    Sleepy wrote: »
    Or are you a fan of Trigger's theory on savihng the council money by maintaining his brush?

    Hey, Sleepy, here is a made idea: Educate yourself as to what you are talking about and lay off the irrelevant comparisons, like a good chap.

    For a start, those brushes needed a change and really, they once the original head and broom went......

    The Constitution , most of it would be the same as Bunreacht na hEireann.Cosmetic Surgery no more, like a tit job. Not necessary, but desirable


    Thanks for the Laugh.:D


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    bjork wrote: »
    Why? Is making tea "outside normal marital duties"

    And they should also rear the children for exactly 50% of the time and farmer husband responsible for childcare rest of the time.

    Good luck with that farmer husband.


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    And they should also rear the children for exactly 50% of the time and farmer husband responsible for childcare rest of the time.

    Good luck with that farmer husband.

    And the wife will not be allowed to work late or accommodated in any way for hairdresser appointments


    Sounds like a fun marriage








    ....Will you marry me?


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  • Closed Accounts Posts: 35,514 ✭✭✭✭efb


    I'm aware if I ever marry my husband would have a share in my house from that moment forward. I've no issue- his house will probably be bigger! Lol


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    Oh no...no no...she can surely be responsible for her own mess and food etc...but he can cook his own dinner, raise his kids half the time, do all the farming duties himself...which as we all know can run day into night and there really is no such thing as a holiday.

    Otherwise let him buy a slave.

    So she'll be paying for herself, half of the children and half of the house?


    Would you be willing to take on half the debts?


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    bjork wrote: »
    So she'll be paying for herself, half of the children and half of the house?


    Would you be willing to take on half the debts?

    Why would she pay for half the house?

    Herself, half the childcare, half the costs of the children. If a farmer''s wife does what is expected of a farmer's wife and also under a prenup contract all she is a slave.


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    Why would she pay for half the house?

    Herself, half the childcare, half the costs of the children. If a farmer''s wife does what is expected of a farmer's wife and also under a prenup contract all she is a slave.

    Well where is she going to live? :confused:



    oh, you mean the farmer has to pay for the house aswell?


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    bjork wrote: »
    Well where is she going to live? :confused:



    oh, you mean the farmer has to pay for the house aswell?

    Usually when you own a slave, you house, feed and clothe them and they do stuff for you on your land and in your home.

    Thats how slavery works. How is that any different frm what you are proposing? I suppose you expect her to provide sex too. YEah some slaves have to do that too.


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  • Registered Users Posts: 4,216 ✭✭✭Potatoeman


    efb wrote: »
    Yes by referendum! So that's how laws change. I have no problem with people wamting a referendum but you can't currently have marriage and not have shared ownership

    Is shared ownership part of marriage or division of assets part of divorce? You can have a private bank account while married so its the divorce that requires the assets are shared.


  • Registered Users Posts: 1,417 ✭✭✭Diemos




  • Registered Users Posts: 17,495 ✭✭✭✭eviltwin


    zeffabelli wrote: »
    Oh no...no no...she can surely be responsible for her own mess and food etc...but he can cook his own dinner, raise his kids half the time, do all the farming duties himself...which as we all know can run day into night and there really is no such thing as a holiday.

    Otherwise let him buy a slave.

    Now that's a bit ridiculous. I don't keep a tab on how much I do for my spouse vs how much he does for me. Marriage is a partnership and everyone has to do their bit. If he's working all day and she's at home - or vice versa - then of course she should maintain the house, mind kids etc


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    Usually when you own a slave, you house, feed and clothe them and they do stuff for you on your land and in your home.

    Thats how slavery works.

    I make my partner tea, I am not a slave

    Sometimes, I even run them a bath


    Unchain me


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    eviltwin wrote: »
    Now that's a bit ridiculous. I don't keep a tab on how much I do for my spouse vs how much he does for me. Marriage is a partnership and everyone has to do their bit. If he's working all day and she's at home - or vice versa - then of course she should maintain the house, mind kids etc

    The farming life is quite different. Home and work are the same thing.


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    bjork wrote: »
    I make my partner tea, I am not a slave

    Sometimes, I even run them a bath


    Unchain me

    Did she make you sign a prenup while you work in the field or raise the kids while she is working the field?


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    Did she make you sign a prenup while you work in the field or raise the kids while she is working the field?

    Divorce wasn't a thing when we got married ;)

    Now it is


  • Registered Users Posts: 3,235 ✭✭✭jackofalltrades


    Completely in favour of pre-nups.

    I'd get one to make a possible divorce go smoother.
    People change and breakups can lead to people acting out of anger.
    Add in a house or kids and that's a recipe for disaster.

    If I didn't trust a woman or thought she was a gold digger, then I wouldn't marry her.


  • Closed Accounts Posts: 2,050 ✭✭✭nokia69



    If I didn't trust a woman or thought she was a gold digger, then I wouldn't marry her.

    well of course not, who would

    you can't predict how someone will act during a break up, hell hath no fury like a woman scorned, or a woman who thinks she has been scorned


  • Registered Users Posts: 3,235 ✭✭✭jackofalltrades


    nokia69 wrote: »
    well of course not, who would
    I said that in response to the idea, that the reason some men get them is because they don't trust the woman that they plan to marry.


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  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    You can trust someone but also realise that you are human and capable of making mistakes. Therefore you realise that there is a possibility that you misplaced your trust.

    It may be a case no one trusts anyone, they just either trust or mistrust their own perceptions of the other.

    One of the dimenas of marriage is that it promises certainty, or at least the illusion of certainty, and then when you bring in pre nups and just in cases then you compromise that promise and the illusions is carries with it.


  • Registered Users Posts: 210 ✭✭Emsloe


    I'd be all for it if we're going into the marriage on an unequal footing in terms of assets etc. If we go in equal I wouldn't bother. Much like death, divorce brings out the worst in people a lot of the time.


  • Registered Users Posts: 33,728 ✭✭✭✭RobertKK


    I admit I voted against divorce because the law change was not good if you owned something like a farm.
    I don't see why if one owns something worth a lot of money and then you marry someone, they could divorce you and take half your business with them, making it non viable, and maybe having to get a very large loan if the bank would lend so you could buy back what you already owned before the marriage.

    The farm was a big issue during the divorce referendum. I suspect most farmers voted against it, given it put the farm at risk.
    The divorce referendum should also have allowed pre-nuptial agreements.
    Better late than never if they now introduce it.


  • Registered Users Posts: 3,235 ✭✭✭jackofalltrades


    zeffabelli wrote: »
    One of the dimenas of marriage is that it promises certainty, or at least the illusion of certainty, and then when you bring in pre nups and just in cases then you compromise that promise and the illusions is carries with it.
    But with marriage you're making a promise that's based on a feelings that can change.
    So you can't really promise to love someone for the rest of your life.
    Pre-nups, just like seperation and divorce acknowledge this reality.


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    But with marriage you're making a promise that's based on a feelings that can change.
    So you can't really promise to love someone for the rest of your life.
    Pre-nups, just like seperation and divorce acknowledge this reality.

    You are right.

    But you can't base a contract on things that can change either. Contracts are renewable with specific time frames, all sorts of get out clauses...bi lateral agreements.

    There's an interesting documentary called Divorce Corp and in it somewhere explains the evolution of family court. The whole thing is utterly weird. It emerged basically out of tort law.

    It makes no sense in this day and age when we have so many other options like mediators and legal negotiations to still do it this way.

    Based on your logic of feelings change, oh yes they do! why get married at all?


  • Banned (with Prison Access) Posts: 679 ✭✭✭Lt J.R. Bell


    The real tricky part is, what happens if the non owning spouse actually puts a lot of time and her own money into the farm business. I'm not talking Mickey mouse 40-60 acres of barren land out West only fit for sheep.

    Laws as it is, is kinda messed up when dealing with non owning spouse who wants abit of the wealth, invested in doing up the place,maybe improving it,but is not a Co owner (speaking from the non owner point if view)

    If I recall correctly, the Supreme Court in 1992 was prepared to give a share of a farm /house to non owning wife,but while gave important contributions by house work and farm work but no financial contribution (ie mortgage etc) they looked at the provision on mothers in the home. This was subsequently rejected very shortly afterwards by another composition of the Supreme Court that year,on slightly different grounds. Then came the quashing of the matrimonial home bill, that tried to aid non owning spouse. Property rights being in the way

    People get the wrong idea that pre nup means she wife gets absolutely nothing.

    Let's face it, surely, in this country, if you have been married for at least 6 years, pre nups maybe a bit redundant,surely?,when we look at the practical side ie children , forms of financial contributions. Surely the non owning spouse who ain't a gold digga or a ho contributed to the improvement of the home and farm,(but nit necessarily the mortgage or bills) will hardly walk away empty handed?

    All of that would have to be legislated for. To expect a lawyer no matter how competent to draft a full proof pre nup without much guideness would not be fun. Guarantee some angry farmer (understandably) would try to sue the lawyer


  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    Thing is being a farmer's wife is not like being another kind of wife, it's like a vicar's wife....vocational...the nature of it is so interwoven with the livelyhood.


  • Registered Users Posts: 3,235 ✭✭✭jackofalltrades


    zeffabelli wrote: »
    Based on your logic of feelings change, oh yes they do! why get married at all?
    Yeah that's a really good question.
    For me it would come down to what legal advantages it confers.
    And the Civil Partnership bill is pushing you in that direction anyway.


  • Closed Accounts Posts: 2,554 ✭✭✭bjork


    zeffabelli wrote: »
    Thing is being a farmer's wife is not like being another kind of wife, it's like a vicar's wife....vocational...the nature of it is so interwoven with the livelyhood.

    If you take the land, what are they suppose to do to earn money?

    If they get divorced, their career goes too?


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  • Closed Accounts Posts: 2,516 ✭✭✭zeffabelli


    bjork wrote: »
    If you take the land, what are they suppose to do to earn money?

    If they get divorced, their career goes too?

    That's a good point.

    Farming and land in Ireland nearly qualify as their own religion.

    I know a farmer who is not leaving his only son, his only child, the land in his will because the child does not have a 'relationship with the land."

    And the life of farming for farmers and their wives so so vocational, it really can't be compared to other marriages.

    Maybe farmers shouldn't get married, no one is forcing them to, because when a woman or perhaps with the new impending legislation a man is,they do end up enconsed in the vocation and then to demand they invest in that vocation but in the case of a divorce end up with nothing, seems like the spouse in the end was nothing more than an indentured servant.


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