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PAG LIN 1 1 Section 1. NEW SECTION. 595.3B COVENANT MARRIAGE 1 2 APPLICATION FORM. 1 3 1. The county registrar shall provide each applicant for a 1 4 marriage license with a copy of the informational pamphlet on 1 5 covenant marriage prepared by the office of the attorney 1 6 general pursuant to section 595A.6. 1 7 2. In addition to any other information contained in an 1 8 application form for a marriage license, the application form 1 9 shall contain a place to acknowledge, over the signature of 1 10 both parties to the marriage, the awareness of the parties of 1 11 the option to designate their marriage as a covenant marriage, 1 12 and the intent of the parties to designate their marriage as a 1 13 covenant marriage or a noncovenant marriage. 1 14 3. If the parties designate their marriage a covenant 1 15 marriage, the parties shall also attach a copy of the 1 16 declaration of intent as provided in section 595A.2. 1 17 Sec. 2. Section 595.4, Code 1999, is amended by adding the 1 18 following new unnumbered paragraph: 1 19 NEW UNNUMBERED PARAGRAPH. A license to marry shall 1 20 indicate whether the marriage will be designated a covenant 1 21 marriage. 1 22 Sec. 3. Section 595.13, Code 1999, is amended by adding 1 23 the following new subsection: 1 24 NEW SUBSECTION. 3. Indicate in the certificate whether 1 25 the marriage is a covenant marriage. 1 26 Sec. 4. NEW SECTION. 595A.1 COVENANT MARRIAGE INTENT 1 27 CONDITIONS TO CREATE. 1 28 1. A man and woman who intend to enter a covenant marriage 1 29 shall include this intent on the marriage license application 1 30 form pursuant to section 595.3B and by executing a declaration 1 31 of intent to contract a covenant marriage as provided in 1 32 section 595A.2. 1 33 2. A covenant marriage is a contract entered into by one 1 34 man and one woman who understand and agree that the marriage 1 35 between them is a lifelong relationship, as indicated in the 2 1 declaration of intent signed by both parties. Parties to a 2 2 covenant marriage shall receive premarital education prior to 2 3 entering the covenant marriage which emphasizes the nature and 2 4 purposes of marriage and the responsibilities of marriage. 2 5 Only when there has been a complete and total breach of the 2 6 marital covenant contract shall the nonbreaching party be 2 7 allowed to seek a declaration that the marriage is no longer 2 8 legally recognized. 2 9 3. Parties to a covenant marriage shall receive at least 2 10 twelve hours of premarital education that is provided by a 2 11 licensed or ordained minister, or the minister's designee, a 2 12 person authorized to solemnnize marriages under section 2 13 595.10, or a marital and family therapist licensed pursuant to 2 14 chapter 154D. The education provided shall include a 2 15 discussion of the seriousness of marriage and that it is a 2 16 commitment for life, the teaching of communication skills, the 2 17 teaching of conflict management skills, and a discussion of 2 18 the obligation to seek marital counseling in times of marital 2 19 difficulties. 2 20 4. The declaration of intent to enter a covenant marriage 2 21 is aspirational only and a failure by a party to comply with 2 22 the statements contained in the declaration does not 2 23 constitute additional grounds for dissolution of a covenant 2 24 marriage beyond those provided in section 595A.4. 2 25 Sec. 5. NEW SECTION. 595A.2 COVENANT MARRIAGE 2 26 CONTENTS OF DECLARATION OF INTENT. 2 27 1. A declaration of intent to contract a covenant marriage 2 28 shall contain all of the following: 2 29 a. A statement by the parties to the following effect: 2 30 "We, (names of both parties), solemnly declare our intent 2 31 to enter into a covenant marriage and we agree to live 2 32 together as husband and wife as long as we both live. We have 2 33 chosen each other carefully and voluntarily accept the 2 34 exclusive grounds for dissolution of a convenant marriage. We 2 35 have received the required premarital education, which 3 1 included a discussion of the seriousness of marriage and that 3 2 it is a commitment for life, the teaching of communication 3 3 skills, the teaching of conflict management skills, and a 3 4 discussion of the obligation to seek marital counseling in 3 5 times of marital difficulties. We have read the pamphlet 3 6 regarding covenant marriage and understand that a covenant 3 7 marriage is for life. If either of us experiences serious 3 8 difficulties with the marriage, we accept the ethical 3 9 responsibility to inform the other spouse about the extent of 3 10 those problems in time for corrective action to be taken and 3 11 will make all reasonable efforts to preserve our marriage, 3 12 including participation in marital counseling." 3 13 b. A statement from the person who provided the premarital 3 14 education to the following effect: 3 15 "I, (name of provider), confirm that (names of both parties 3 16 to the marriage) received at least twelve hours of premarital 3 17 education that complies with Iowa Code section 595A.1. I am a 3 18 licensed or ordained minister, a person authorized to 3 19 solemnize marriages under Iowa Code section 595.10 or a 3 20 marital and family therapist licensed pursuant to Iowa Code 3 21 chapter 154D." 3 22 c. (1) The signature of both parties, witnessed by a 3 23 notary public. 3 24 (2) If one or both of the parties are minors, the written 3 25 consent or authorization of those persons required under 3 26 section 595.2 to consent to or authorize the marriage of 3 27 minors. 3 28 2. The declaration of intent shall be prepared in 3 29 duplicate originals, one of which shall be retained by the 3 30 parties and the other of which shall be filed with the county 3 31 registrar. 3 32 Sec. 6. NEW SECTION. 595A.3 COVENANT MARRIAGE 3 33 APPLICABILITY TO EXISTING MARRIAGES. 3 34 1. On or after January 1, 2001, married parties may 3 35 designate their marriage as a covenant marriage by executing a 4 1 declaration of intent in accordance with this section. 4 2 2. The declaration of intent shall be filed with the 4 3 county registrar with whom the marriage license of the parties 4 4 is filed. If the parties were married outside of the state, a 4 5 copy of the foreign marriage certificate, with the declaration 4 6 of intent attached, shall be filed with the county registrar 4 7 in the county in which the parties reside. The county 4 8 registrar shall make a notation on the marriage certificate of 4 9 the declaration of intent of a covenant marriage and shall 4 10 attach a copy of the declaration to the certificate. 4 11 3. A declaration of intent to designate an existing 4 12 marriage as a covenant marriage shall contain all of the 4 13 following: 4 14 a. A statement by the parties to the following effect: 4 15 "We, (names of both parties), solemnly declare that our 4 16 marriage is a covenant marriage and we agree to live together 4 17 as husband and wife as long as we both live. We voluntarily 4 18 accept the exclusive grounds for dissolution of a covenant 4 19 marriage. We have received the required marital education, 4 20 which included a discussion of the obligation to seek marital 4 21 counseling in times of marital difficulties and an explanation 4 22 of the exclusive grounds for dissolving a covenant marriage. 4 23 We have read the informational pamphlet regarding covenant 4 24 marriage and understand that a covenant marriage is for life. 4 25 If either of us experiences serious difficulties with the 4 26 marriage, we accept the ethical responsibility to inform the 4 27 other spouse about the extent of those problems in time for 4 28 corrective action to be taken and will make all reasonable 4 29 efforts to preserve our marriage, including participation in 4 30 marital counseling. With full knowledge of what this 4 31 commitment means, we declare that our marriage will be bound 4 32 by the state law on covenant marriage and we promise to love, 4 33 honor, and care for one another as husband and wife for the 4 34 rest of our lives." 4 35 b. A statement from the person who provided the marital 5 1 education to the following effect: 5 2 "I, (name of provider), confirm that (names of both parties 5 3 to the marriage) received marital education that complies with 5 4 Iowa Code section 595A.3. I am a licensed or ordained 5 5 minister, a person authorized to solemnize marriages under 5 6 Iowa Code section 595.10 or a marital and family therapist 5 7 licensed pursuant to Iowa Code chapter 154D." 5 8 c. The signature of both parties, witnessed by a notary 5 9 public. 5 10 4. The marital education provided to parties to a marriage 5 11 who wish to designate their marriage as a covenant marriage 5 12 shall be provided by a licensed or ordained minister, a person 5 13 authorized to solemnize marriages under section 595.10, or a 5 14 marital and family therapist licensed pursuant to chapter 5 15 154D. The education provided shall include a discussion of 5 16 the obligation to seek marital counseling in times of marital 5 17 difficulties and an explanation of the exclusive grounds for 5 18 dissolution of a covenant marriage. The educator shall 5 19 provide the parties with the informational pamphlet on 5 20 covenant marriage developed by the office of the attorney 5 21 general pursuant to section 595A.6. 5 22 Sec. 7. NEW SECTION. 595A.4 DISSOLUTION AND SEPARATE 5 23 MAINTENANCE IN A COVENANT MARRIAGE EXCLUSIVE GROUNDS. 5 24 1. Notwithstanding any other law to the contrary, and 5 25 subsequent to the parties obtaining marital counseling, a 5 26 party to a covenant marriage may obtain an order of separate 5 27 support and maintenance or a dissolution of marriage, only 5 28 upon proof of any of the following: 5 29 a. The other party has committed adultery. 5 30 b. The other party has committed a felony and has been 5 31 sentenced to imprisonment. 5 32 c. The other party has abandoned the matrimonial domicile 5 33 for a period of one year and refuses to return. 5 34 d. The other party has physically or sexually abused the 5 35 party seeking the order or dissolution or a child of one of 6 1 the parties. 6 2 e. The parties have been living separate and apart 6 3 continuously without reconciliation for a period of two years. 6 4 2. In all proceedings for separate support and maintenance 6 5 or dissolution of marriage pursuant to subsection 1, the court 6 6 shall order the parties to complete at least twelve hours of 6 7 marital counseling that involves both parties and emphasizes 6 8 the principles of reconciliation. The court may require the 6 9 parties to pay an equal share of the costs of the counseling 6 10 or may apportion the cost between the parties based on the 6 11 ability to pay. The counseling shall be provided by a 6 12 licensed or ordained minister or the minister's designee, a 6 13 person authorized to solemnize a marriage pursuant to section 6 14 595.10, or a marital and family therapist licensed pursuant to 6 15 chapter 154D. The court may waive all or part of the 6 16 counseling requirement to the extent the parties have already 6 17 received the required twelve hours of marital education within 6 18 one year of the petition for separate support and maintenance 6 19 or dissolution of marriage. 6 20 Sec. 8. NEW SECTION. 595A.5 COVENANT MARRIAGE OTHER 6 21 APPLICABLE LAWS. 6 22 1. A covenant marriage shall be governed by all of the 6 23 nonconflicting provisions of chapter 595. 6 24 2. A dissolution of or order of separate support and 6 25 maintenance relating to a covenant marriage shall be governed 6 26 by all of the nonconflicting provisions of chapter 598. 6 27 Sec. 9. NEW SECTION. 595A.6 ATTORNEY GENERAL 6 28 PAMPHLET. 6 29 Prior to July 1, 2000, the office of the attorney general 6 30 shall develop an informational pamphlet entitled "Covenant 6 31 Marriage Option" which shall outline in sufficient detail the 6 32 requirements for entering into a covenant marriage or 6 33 designating an existing marriage as a covenant marriage, the 6 34 implications of entering into a covenant marriage or 6 35 designating an existing marriage as a covenant marriage, the 7 1 grounds for dissolution of a covenant marriage, and the legal 7 2 differences between a covenant marriage and a noncovenant 7 3 marriage. The informational pamphlet shall be made available 7 4 to all offices of the county registrar and to all persons who 7 5 provide premarital and marital education under this chapter. 7 6 Sec. 10. EFFECTIVE DATE. The section of this Act creating 7 7 section 595A.6 relating to the pamphlet developed by the 7 8 attorney general, being deemed of immediate importance, takes 7 9 effect upon enactment. 7 10 EXPLANATION 7 11 This bill establishes the procedure and requirements for a 7 12 covenant marriage. The bill requires the county registrar to 7 13 provide each applicant for a marriage license with an 7 14 informational pamphlet on covenant marriage, prepared by the 7 15 office of the attorney general. The bill requires the 7 16 application form for a marriage license to include a place for 7 17 the parties to indicate that they have been informed of the 7 18 option to designate the marriage a covenant marriage, and to 7 19 indicate, with their signatures, their intent to designate 7 20 their marriage a covenant marriage or a noncovenant marriage. 7 21 If the parties designate their marriage a covenant marriage, 7 22 they are to attach a copy of the declaration of their intent 7 23 to the marriage license application. The license to marry and 7 24 the certificate of marriage are also to indicate whether the 7 25 marriage is designated a covenant marriage. 7 26 The bill describes a covenant marriage, requires that the 7 27 parties to a covenant marriage complete at least 12 hours of 7 28 premarital education, and provides that the declaration of 7 29 intent to enter a covenant marriage is aspirational and 7 30 failure of a party to comply with the statements included in 7 31 the declaration does not provide additional grounds for 7 32 dissolution beyond those provided in the bill. 7 33 The bill specifies the contents of the declaration of 7 34 intent and requires a statement relating to the intent of the 7 35 parties to designate their marriage as a covenant marriage, 8 1 requires a statement from the person who provided the 8 2 premarital education relating to confirmation of the 8 3 completion by the parties of the required education, and 8 4 requires the signature of each party, or if one or both of the 8 5 parties are minors, the written consent or authorization of 8 6 those persons designated by law to provide consent or 8 7 authorization. The declaration of intent is to be prepared in 8 8 duplicate originals with one original being retained by the 8 9 parties and one original being filed with the county 8 10 registrar. 8 11 The bill also provides a procedure for parties to an 8 12 existing marriage to designate their marriage as a covenant 8 13 marriage, similar to the procedure established for entering 8 14 into a marriage. 8 15 The bill provides the exclusive grounds for obtaining 8 16 separate support and maintenance under or dissolution of a 8 17 covenant marriage which include: that a party commits 8 18 adultery, commits a felony and is imprisoned, abandons the 8 19 matrimonial domicile for one year and refuses to return, 8 20 physically or sexually abuses the other party or a child of 8 21 one of the parties, or is living separate and apart 8 22 continuously without reconciliation for a period of two years. 8 23 In all proceedings for separate support and maintenance or 8 24 dissolution based on a covenant marriage, the court is to 8 25 order the parties to complete at least 12 hours of marital 8 26 counseling. The court may waive the requirement to the extent 8 27 that the parties have already completed other required 8 28 education. 8 29 The bill provides that nonconflicting provisions of the 8 30 marriage chapter (Code chapter 595) and the dissolution 8 31 chapter (Code chapter 598) apply to covenant marriages. 8 32 The bill directs the office of the attorney general to 8 33 develop a pamphlet entitled "Covenant Marriage Option" to 8 34 outline the requirements of a covenant marriage, the 8 35 implications of entering into a covenant marriage, the grounds 9 1 for dissolution of a covenant marriage, and the legal 9 2 differences between covenant and noncovenant marriages. The 9 3 pamphlet is to be available at the offices of the county 9 4 registrar and to all persons who provide premarital and 9 5 marital education. This section of the bill takes effect upon 9 6 enactment. 9 7 LSB 5738XS 78 9 8 pf/cf/24.1
Text: SF02074 Text: SF02076 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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