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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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