Spires v. Spires

*192SCHWELB, Associate Judge,

concurring:

I agree that the judgment should be affirmed, and I am pleased to join the opinion of the court. I add this brief concurrence because the contents of the purported agreement of the parties summarized in footnote 2 of the court’s opinion and in the associated text are sufficiently remarkable to warrant the reproduction of the document in full. I have therefore appended a copy of the “Marital Agreement” to my separate opinion. I commend the entire agreement to the reader’s attention, for the full impact of its depravity is difficult to capture even in the most accurate summary.

Although, unfortunately, some men abuse, oppress and humiliate their wives, it is surely rare for a husband not only to reduce to writing an instrument requiring total subordination by the wife to the husband’s caprice, but also to require his unfortunate spouse to sign it. I find it even more remarkable that a husband who has contrived to secure his wife’s formal written assent to the husband’s assertion of supremacy would then have the temerity to ask a court to enforce such an oppressive document according to its terms.

In my opinion, a “contract” such as the one between these parties, which formalizes and seeks to legitimize absolute male domination and female subordination within the marital relationship, is against the public policy of this jurisdiction. It may not be enforced in our courts, nor can it be permitted to affect adversely the rights of the oppressed wife or her children. To me, the appendix to this opinion is worth preserving as a striking example of the lengths to which some men would go to formalize the absurd and to exalt to contractual status their petty domestic tyranny.

One would hope that the document before us will be regarded by the reader as a curious but deeply offensive relic of a bygone era. It reflects a view of the relationship between the sexes that should have been consigned long ago to well-deserved oblivion. Under the law, the parties’ now-defunct marriage made Mrs. Spires her former husband’s partner, not his slave.

*193APPENDIX

MARITAL AGREEMENT

This document drawn on this. 2.3 rd _ day of 1991-with the below affixed j pi< nnnimrni nntwnnnims- uav w ^ »___uuwn signatures of Yvonne Angenctte Spires. Myles Spires. Jr. and a notary public, shall henceforth serve as the governing document for the continuance and. If applicable, the dissolution (Including distribution of assets and placement of children] of the abovementioned parties' manlage. which began October 27. 1984. as per the husband's. Myles Spires. Jr., discretion.

The husband. Myles Spires. Jr., hereby agrees to continue In this manlage provided that the wife. Yvonne Angenctte Spires, complies with the following articles of continuance and any addendums added bearing the notarized signature of the husband.

ARTICLES OF CONTINUANCE

1. Wife shall In no case obtain money from the Joint bank accounts, individual accounts. or house emergency hinds without express permission of the husband.

2. Wife shall in no case divulge Information of any kind which concerns domestic relationships. i.c.. marital dlfficuIUes. partlculars concerning children. Job status(es). and financial lnformaUon to anyone outside of the manlage without the express permission of the husband. Anyone Includes the wife's family, acquaintances, and friends and the husband's family, acquaintances and friends.

3. Wife shall in no wise attempt to Influence the status/intensity of the relaUonships that husband has with other Individuals outside of the marriage unless the husband verbally requests Input from the wife. Moreover, the wife shall, at all times, treat the husband's family, friends, and acquaintances with the utmost respect.

4. Wife shall immediately divulge to the husband any input concerning the marriage or matters concerning the manlage given by outside parties.

5. In public, wife shall In no wise dispute husband on any matters: rather, shall present herself in full accordance with him at all times. Matters of dispute should be handled In private and with due respect, I.c.. no yelling, profanity, or badgering.

6. Wife shall conduct herself In accordance with all scriptures In the Holy Bible applicable to marital relationships germane to wives and in accordance with husband's spe-clilc requests. Wife shall consult husband as to the applicability of scriptures.

7. Wife's sexual relationships shall remain spontaneous and solely with the husband.

8. Wife shall carry out requests of the husband In strict accordance, i.c.. timeliness, sequence. scheduling, etc.

Page 1 of 3

*1949.Wife shall govern the affairs of the children at her discretion. However.'-wife shall always Inform the husband of any particular dealings with the children, l.e., disciplining. Illness, etc. and anytnput by the husband concerning the children shall be considered a request; handled according to Article 8 of this document.

10. Wife must receive express permission from the husband before removing or lending property Jointly owned and/or valued In excess of $10b.00 (Individually or Jointly owned).

11. Wife shall not receive any loan, and/or a monetary or other gUtts) without first obtaining permission horn husband. Should It be impossible to contact husband to obtain such permission, wife may receive the loan or gift(s): however, upon next contact with the husband, wife shall Inform the husband of all details concerning the loan and/or gtflfs). l.e.. giver's name, amount, nature, lenders name. Should the wife find anything of value. It shall be treated as receiving a gift or loan.

12. Wife shall participate and Interact In the husband's ministry and business affairs according to the husband's direction only. Moreover, she shall In no wise administer funds. Interact with supporters, participants or parishioners, or interface with clients without the express direction of the husband.

13. It is agreed that violation of any of these articles by the wife shall be considered mental cruelty and abandonment of the marriage and a request for legal separation and divorce, and may result In legal separation and divorce proceedings.

ARTICLES OF DISSOLUTION

Should the wife violate any of the abovementioned articles for continuance, and the legal separation and divorce proceedings are Instituted, the following articles of dissolution shall serve as a settlement agreement for the legal separation and divorce.

ARTICLES OF DISSOLUTION

I. The present dwelling where the husband, wife and children now reside. 333 17th Street. N.E.. Washington. D.CX. shall become the. sole possession of the husband. Myles Spires. Jr., with all furnishings, appliances, lighting fixtures and any other arü-. cles desired by the husband. Myles Spires. Jr.

2- The children. Delanta A. Spires. Myles Spires HI. Lorenzo J. Spires, and Paul Sequoyah Spires shall be In the custody of the husband. Myles Spires. Jr. Visitation shall be determined by the husband.

3- The automobiles shall be divided equally; the red 1987 Ford Taurus shall be the sole possession of the husband. Myles Spires. Jr., and the blue 1988 Ford Escort, shall be the sole possession of Ihe wife. Yvonne Angenette Spires.

Page 2 of3

*1954. All monies In Individual and Joint banking accounts shall be the sole possession of the husband. Myles Spires. Jr.

5. Neither party shall be required to pay one another child support or alimony.

6. All unpaid Joint debts shall remain Joint debts and shall be divided and paid equally by the husband and wife.

7. All Individual debts shall remain Individual debts and be paid by the Individual In whose name the debt Is at the time of legal separation and remain the same upon divorce

[[Image here]]

Page 3 of 3