“Coitus” refers to the penetration of a vagina by a penis.
“Claim of exclusivity” refers to a claim of expectation of sexual exclusivity which satisfies 2.1
“Prevailing claim” refers to a claim of expectation of sexual exclusivity as defined in 2.2
“Contractual term for exclusive claim” refers to a contractual term for managing claims of expectation of sexual exclusivity which satisfies 2.1
Section 1: The Abolition of Marriage
- 1 The Legal Estate of Marriage is abolished
- 2 Marital statuses, merely as a social or religious fact, shall have no legal status or effect whatsoever in law, and shall enjoy no rights, entitlements, immunities, powers, or privileges in law, except for what has been expressly specified in a contract in accordance to Section 3 or as provided in Section 4.
Section 2: Expectation of Sexual Exclusivity
2.1 Any individual who has coitus with another individual shall have a claim of expectation of sexual exclusivity on that individual and vice versa.
2.2 A claim of exclusivity which arises from coitus which occurs earlier in time shall prevail over a claim of exclusivity from coitus which occurs later in time and shall be the prevailing claim.
2.3 Any individual subjected to a prevailing claim, who penetrates with his penis, or is penetrated by a penis by, another individual other than the claimant to the prevailing claim, unless it is shown on the balance of probabilities to have been suffered as a victim of rape, shall be liable in tort for frustrating said expectation, and shall pay damages to the claimant to be determined by a court of law or arbitration panel.
2.4 A claim of exclusivity shall be void on the following conditions:
2.4.1 Either party to a claim of exclusivity was subject to a prevailing claim by a different individual from that of either party.
2.4.2 The claim of exclusivity was formally renounced by mutual agreement.
2.4.3 A unilateral abjuration of any prevailing claim a party is subject to, before a court of law, which shall give rise to a right of action for compensation on the other party to be determined by a court of law.
2.5 A prevailing claim shall be voidable on the following conditions:
2.5.1 A crime was committed by any party to a prevailing claim against the other party, to be determined according to law of evidence in a civil court. Only the victim to an alleged crime may petition the court to void the prevailing claim. A criminal conviction shall be conclusive evidence of such a crime.
2.5.2 After a proceeding for a violation of a prevailing claim where the claimee was found liable. The expectation shall be void upon petition to the court by either party.
2.6 If a prevailing claim by one party upon another is void, then the claim to sexual exclusivity by the other on the same shall also be void.
Section 3: Contracts for Managing Sexual Expectations
3.1 Any contractual term for managing expectations to sexual exclusivity which arises, or will arise, in accordance with 2.1 between its parties or voiding it is subject to this Act.
3.2 No contract may void any prevailing claim to sexual exclusivity on either party to the contract, by an individual who is not party to the contract, which was in effect when the contract was agreed.
3.3 A contractual term for exclusive claim, where either party was subject to a prevailing claim to sexual exclusivity by an individual who is not party to the contract, shall have no legal effect unless such a claim is voided according to 2.4, 2.5 or 3.1.
3.4 A contractual term for exclusive claim shall only have effect for claims which arise from 2.1.
3.5 No contractual term may set aside nor modify 2.3 but may add terms to determine the compensation, or the manner for determining the same, for liabilities incurred under 2.3.
3.6 A contractual term may modify or set aside 2.4.2, 2.4.3, and 2.5.2.
3.7 A contractual term may not modify nor set aside 2.5.1, but may add terms of compensation to the victim who petitions to void the expectation under 2.5.1.
3.8 A contractual term which makes reference to a marital status shall have no legal effect unless it refers the determination of such status to an arbitration panel.
3.9 Claims arising from any contractual terms for exclusive claim maybe adjudicated by an arbitration panel, subject to the provisions of the Arbitration Act.
Section 4: Status of Expectation of Sexual Exclusivity before this Act
4.1 Any individual who was validly married prior to this Act, may take an oath declaring that he had coitus with the spouse prior to this Act coming into force, and this oath shall be conclusive evidence of the same for satisfying 2.1 and 2.2. The claim arising from this coitus shall be deemed to be prevailing.
4.2 Except as expressly provided for by this section, no coitus which occurred before this Act came into effect shall satisfy 2.1 or 2.2.
4.3 All divorce proceedings in process when this Act was passed shall continue as if this Act was not passed.
4.4 All prenuptial contracts in effect before this Act shall be null and void unless it incorporates terms for managing sexual expectations, or translates the relevant terms for the same, which satisfies Section 2 and Section 3, and the contracting parties take an oath that they had coitus.