House File 2188
HOUSE FILE
BY DE BOEF, CARROLL, WILDERDYKE,
DIX, ALONS, LALK, PAULSEN, BOAL,
CHAMBERS, EICHHORN, BODDICKER,
VAN ENGELENHOVEN, HAHN,
DOLECHECK, SANDS, HUSEMAN, KLEMME,
MERTZ, QUIRK, and DAVITT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing covenant marriages and providing an effective
2 date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6011HH 80
5 pf/sh/8
PAG LIN
1 1 Section 1. Section 331.602, Code Supplement 2003, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 39A. Record all declarations of intent
1 4 pursuant to chapter 595A that are presented to the recorder's
1 5 office for recordation, upon payment of a fee in accordance
1 6 with section 331.604.
1 7 Sec. 2. NEW SECTION. 595.3B CERTIFICATE OF MARRIAGE ==
1 8 COVENANT MARRIAGE DESIGNATION.
1 9 In addition to any other information contained in a
1 10 certificate of marriage, the certificate of marriage shall
1 11 include a section to allow the parties to designate the
1 12 marriage as a covenant marriage.
1 13 Sec. 3. NEW SECTION. 595.3C COVENANT MARRIAGE ==
1 14 INFORMATION PAMPHLET.
1 15 The county registrar shall provide each applicant for a
1 16 marriage license with a copy of the informational pamphlet on
1 17 covenant marriage prepared by the office of the attorney
1 18 general pursuant to section 595A.6.
1 19 Sec. 4. NEW SECTION. 595.14 COVENANT MARRIAGE ==
1 20 DECLARATION RETURN.
1 21 If the parties wish to designate the marriage a covenant
1 22 marriage, after the marriage has been solemnized, the
1 23 officiating minister or magistrate shall return the completed
1 24 certificate of marriage with the section designating the
1 25 marriage as a covenant marriage clearly indicated to the
1 26 county registrar in the county in which the parties applied
1 27 for a license to marry, within fifteen days of the
1 28 solemnization. Additionally, the parties to the marriage
1 29 shall record the declaration of intent with the county
1 30 recorder in the county in which the parties applied for the
1 31 license to marry, and shall pay the fee in accordance with
1 32 section 331.604.
1 33 Sec. 5. NEW SECTION. 595A.1 COVENANT MARRIAGE == INTENT
1 34 == CONDITIONS TO CREATE.
1 35 1. A man and woman who intend to enter a covenant marriage
2 1 shall execute a declaration of intent to contract a covenant
2 2 marriage as provided in section 595A.2.
2 3 2. A covenant marriage is a contract entered into by one
2 4 man and one woman who understand and agree that the marriage
2 5 between them is a lifelong relationship, as indicated in the
2 6 declaration of intent signed by both parties. Parties to a
2 7 covenant marriage shall receive premarital education prior to
2 8 entering the covenant marriage which emphasizes the nature and
2 9 purposes of marriage and the responsibilities of marriage.
2 10 Only when there has been a complete and total breach of the
2 11 marital covenant contract shall the nonbreaching party be
2 12 allowed to seek a declaration that the marriage is no longer
2 13 legally recognized.
2 14 3. Parties to a covenant marriage shall receive at least
2 15 twelve hours of premarital education that is provided by a
2 16 licensed or ordained minister, or the minister's designee, a
2 17 person authorized to solemnnize marriages under section
2 18 595.10, or a marital and family therapist licensed pursuant to
2 19 chapter 154D. The education provided shall include a
2 20 discussion of the seriousness of marriage and that it is a
2 21 commitment for life, the teaching of communication skills, the
2 22 teaching of conflict management skills, and a discussion of
2 23 the obligation to seek marital counseling in times of marital
2 24 difficulties.
2 25 4. The declaration of intent to enter a covenant marriage
2 26 is aspirational only and a failure by a party to comply with
2 27 the statements contained in the declaration does not
2 28 constitute additional grounds for dissolution of a covenant
2 29 marriage beyond those provided in section 595A.4.
2 30 Sec. 6. NEW SECTION. 595A.2 COVENANT MARRIAGE ==
2 31 CONTENTS OF DECLARATION OF INTENT.
2 32 1. A declaration of intent to contract a covenant marriage
2 33 shall contain all of the following:
2 34 a. A statement by the parties to the following effect:
2 35 "We, (names of both parties), solemnly declare our intent
3 1 to enter into a covenant marriage and we agree to live
3 2 together as husband and wife as long as we both live. We have
3 3 chosen each other carefully and voluntarily accept the
3 4 exclusive grounds for dissolution of a convenant marriage. We
3 5 have received the required premarital education, which
3 6 included a discussion of the seriousness of marriage and that
3 7 it is a commitment for life, the teaching of communication
3 8 skills, the teaching of conflict management skills, and a
3 9 discussion of the obligation to seek marital counseling in
3 10 times of marital difficulties. We have read the pamphlet
3 11 regarding covenant marriage and understand that a covenant
3 12 marriage is for life. If either of us experiences serious
3 13 difficulties with the marriage, we accept the ethical
3 14 responsibility to inform the other spouse about the extent of
3 15 those problems in time for corrective action to be taken and
3 16 will make all reasonable efforts to preserve our marriage,
3 17 including participation in marital counseling."
3 18 b. A statement from the person who provided the premarital
3 19 education to the following effect:
3 20 "I, (name of provider), confirm that (names of both parties
3 21 to the marriage) received at least twelve hours of premarital
3 22 education that complies with Iowa Code section 595A.1. I am a
3 23 licensed or ordained minister, a person authorized to
3 24 solemnize marriages under Iowa Code section 595.10, or a
3 25 marital and family therapist licensed pursuant to Iowa Code
3 26 chapter 154D."
3 27 c. (1) The signature of both parties, witnessed by a
3 28 notary public.
3 29 (2) If one or both of the parties are minors, the written
3 30 consent or authorization of those persons required under
3 31 section 595.2 to consent to or authorize the marriage of
3 32 minors.
3 33 2. The declaration of intent shall be prepared in
3 34 duplicate originals, one of which shall be retained by the
3 35 parties and the other of which shall be returned to the county
4 1 recorder of the county in which the parties applied for a
4 2 license to marry.
4 3 Sec. 7. NEW SECTION. 595A.3 COVENANT MARRIAGE ==
4 4 APPLICABILITY TO EXISTING MARRIAGES.
4 5 1. On or after January 1, 2005, married parties may
4 6 designate their marriage as a covenant marriage by executing a
4 7 declaration of intent in accordance with this section and by
4 8 complying with the other requirements of this chapter.
4 9 2. The married parties wishing to designate their marriage
4 10 as a covenant marriage shall record a duplicate original of
4 11 the declaration of intent with the county recorder in the
4 12 county in which the parties reside and shall pay the fee in
4 13 accordance with section 331.604. The county recorder shall
4 14 make a notation on the declaration of intent identifying the
4 15 source of issuance of the original marriage license of the
4 16 parties.
4 17 3. A declaration of intent to designate an existing
4 18 marriage as a covenant marriage shall contain all of the
4 19 following:
4 20 a. A statement by the parties to the following effect:
4 21 "We, (names of both parties), solemnly declare that our
4 22 marriage is a covenant marriage and we agree to live together
4 23 as husband and wife as long as we both live. We voluntarily
4 24 accept the exclusive grounds for dissolution of a covenant
4 25 marriage. We have received the required marital education,
4 26 which included a discussion of the obligation to seek marital
4 27 counseling in times of marital difficulties and an explanation
4 28 of the exclusive grounds for dissolving a covenant marriage.
4 29 We have read the informational pamphlet regarding covenant
4 30 marriage and understand that a covenant marriage is for life.
4 31 If either of us experiences serious difficulties with the
4 32 marriage, we accept the ethical responsibility to inform the
4 33 other spouse about the extent of those problems in time for
4 34 corrective action to be taken and will make all reasonable
4 35 efforts to preserve our marriage, including participation in
5 1 marital counseling. With full knowledge of what this
5 2 commitment means, we declare that our marriage will be bound
5 3 by the state law on covenant marriage and we promise to love,
5 4 honor, and care for one another as husband and wife for the
5 5 rest of our lives."
5 6 b. A statement from the person who provided the marital
5 7 education to the following effect:
5 8 "I, (name of provider), confirm that (names of both parties
5 9 to the marriage) received marital education that complies with
5 10 Iowa Code section 595A.1. I am a licensed or ordained
5 11 minister, a person authorized to solemnize marriages under
5 12 Iowa Code section 595.10 or a marital and family therapist
5 13 licensed pursuant to Iowa Code chapter 154D."
5 14 c. The signature of both parties, witnessed by a notary
5 15 public.
5 16 4. Parties who wish to designate their marriage as a
5 17 covenant marriage shall receive at least twelve hours of
5 18 marital education. The marital education provided shall be
5 19 provided by a licensed or ordained minister, a person
5 20 authorized to solemnize marriages under section 595.10, or a
5 21 marital and family therapist licensed pursuant to chapter
5 22 154D. The education provided shall include a discussion of
5 23 the obligation to seek marital counseling in times of marital
5 24 difficulties and an explanation of the exclusive grounds for
5 25 dissolution of a covenant marriage. The educator shall
5 26 provide the parties with the informational pamphlet on
5 27 covenant marriage developed by the office of the attorney
5 28 general pursuant to section 595A.6.
5 29 Sec. 8. NEW SECTION. 595A.4 DISSOLUTION OF A COVENANT
5 30 MARRIAGE == EXCLUSIVE GROUNDS.
5 31 1. Notwithstanding any other law to the contrary, and
5 32 subsequent to the parties obtaining marital counseling, a
5 33 party to a covenant marriage may obtain a dissolution of
5 34 marriage, only upon proof of any of the following:
5 35 a. The other party has committed adultery.
6 1 b. The other party has committed a felony and has been
6 2 sentenced to imprisonment.
6 3 c. The other party has abandoned the matrimonial domicile
6 4 for a period of one year and refuses to return.
6 5 d. The other party has physically or sexually abused the
6 6 party seeking the dissolution or a child of one of the
6 7 parties.
6 8 e. The parties have been living separate and apart
6 9 continuously without reconciliation for a period of two years.
6 10 2. In a11 proceedings for dissolution of marriage pursuant
6 11 to subsection 1, the court may issue an order of temporary
6 12 support and maintenance during the pendency of the
6 13 proceedings. Notwithstanding the time period requirements of
6 14 the grounds specified pursuant to subsection 1, paragraph "c"
6 15 or "e", a party to a covenant marriage may petition the court
6 16 for separate support and maintenance prior to the elapsing of
6 17 the specified time period.
6 18 3. In all proceedings for dissolution of marriage pursuant
6 19 to subsection 1, the court shall order the parties to complete
6 20 at least twelve hours of marital counseling that involves both
6 21 parties and emphasizes the principles of reconciliation. The
6 22 court may require the parties to pay an equal share of the
6 23 costs of the counseling or may apportion the cost between the
6 24 parties based on the ability to pay. The counseling shall be
6 25 provided by a licensed or ordained minister or the minister's
6 26 designee, a person authorized to solemnize a marriage pursuant
6 27 to section 595.10, or a marital and family therapist licensed
6 28 pursuant to chapter 154D. The court may waive all or part of
6 29 the counseling requirement to the extent the parties have
6 30 already received the required twelve hours of marital
6 31 education within one year of the petition for dissolution of
6 32 marriage.
6 33 Sec. 9. NEW SECTION. 595A.5 COVENANT MARRIAGE == OTHER
6 34 APPLICABLE LAWS.
6 35 1. A covenant marriage shall be governed by all of the
7 1 nonconflicting provisions of chapter 595.
7 2 2. A dissolution of a covenant marriage shall be governed
7 3 by all of the nonconflicting provisions of chapter 598.
7 4 Sec. 10. NEW SECTION. 595A.6 ATTORNEY GENERAL ==
7 5 PAMPHLET.
7 6 Prior to July 1, 2004, the office of the attorney general
7 7 shall develop an informational pamphlet entitled "Covenant
7 8 Marriage Option" which shall outline in sufficient detail the
7 9 requirements for entering into a covenant marriage or
7 10 designating an existing marriage as a covenant marriage, the
7 11 implications of entering into a covenant marriage or
7 12 designating an existing marriage as a covenant marriage, the
7 13 grounds for dissolution of a covenant marriage, and the legal
7 14 differences between a covenant marriage and a noncovenant
7 15 marriage. The informational pamphlet shall be made available
7 16 to all offices of the county registrar and to all persons who
7 17 provide premarital and marital education under this chapter.
7 18 Sec. 11. EFFECTIVE DATE. The section of this Act enacting
7 19 section 595A.6 relating to the pamphlet to be developed by the
7 20 attorney general, being deemed of immediate importance, takes
7 21 effect upon enactment.
7 22 EXPLANATION
7 23 This bill establishes the procedure and requirements for a
7 24 covenant marriage. The bill requires the county registrar to
7 25 provide each applicant for a marriage license with an
7 26 informational pamphlet on covenant marriage, prepared by the
7 27 office of the attorney general. The bill requires the
7 28 certificate of marriage to include a place to allow the
7 29 parties to designate the marriage as a covenant marriage.
7 30 After the marriage is solemnized, the officiating minister or
7 31 magistrate is directed to return the completed certificate of
7 32 marriage with the section designating the marriage a covenant
7 33 marriage clearly indicated to the county registrar in the
7 34 county in which the parties applied for a license to marry,
7 35 within 15 days of the solemnization. Additionally, the
8 1 parties are directed to record the declaration of intent with
8 2 the county recorder in the county in which the parties applied
8 3 for the license to marry.
8 4 The bill describes a covenant marriage, requires that the
8 5 parties to a covenant marriage complete at least 12 hours of
8 6 premarital education, and provides that the declaration of
8 7 intent to enter a covenant marriage is aspirational and
8 8 failure of a party to comply with the statements included in
8 9 the declaration does not provide additional grounds for
8 10 dissolution beyond those provided in the bill.
8 11 The bill specifies the contents of the declaration of
8 12 intent and requires a statement relating to the intent of the
8 13 parties to designate their marriage as a covenant marriage,
8 14 requires a statement from the person who provided the
8 15 premarital education relating to confirmation of the
8 16 completion by the parties of the required education, and
8 17 requires the signature of each party, or if one or both of the
8 18 parties are minors, the written consent or authorization of
8 19 those persons designated by law to provide consent or
8 20 authorization. The declaration of intent is to be prepared in
8 21 duplicate originals with one original being retained by the
8 22 parties and one original being filed with the county recorder
8 23 in the county in which the parties applied for the license to
8 24 marry.
8 25 The bill also provides a procedure for parties to an
8 26 existing marriage on or after January 1, 2005, to designate
8 27 their marriage as a covenant marriage.
8 28 The bill provides the exclusive grounds for obtaining a
8 29 dissolution of a covenant marriage which include: that a
8 30 party commits adultery, commits a felony and is imprisoned,
8 31 abandons the matrimonial domicile for one year and refuses to
8 32 return, physically or sexually abuses the other party or a
8 33 child of one of the parties, or is living separate and apart
8 34 continuously without reconciliation for a period of two years.
8 35 In all proceedings for dissolution based on a covenant
9 1 marriage, the court is to order the parties to complete at
9 2 least 12 hours of marital counseling. The court may waive the
9 3 requirement to the extent that the parties have already
9 4 completed other required education.
9 5 The bill provides that nonconflicting provisions of the
9 6 marriage chapter (Code chapter 595) and the dissolution
9 7 chapter (Code chapter 598) apply to covenant marriages.
9 8 The bill directs the office of the attorney general, prior
9 9 to July 1, 2004, to develop a pamphlet entitled "Covenant
9 10 Marriage Option" to outline the requirements of a covenant
9 11 marriage, the implications of entering into a covenant
9 12 marriage, the grounds for dissolution of a covenant marriage,
9 13 and the legal differences between covenant and noncovenant
9 14 marriages. The pamphlet is to be available at the offices of
9 15 the county registrar and to all persons who provide premarital
9 16 and marital education. This section of the bill takes effect
9 17 upon enactment.
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