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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 2001, 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 2001, is amended to read as
1 23 follows:
1 24 595.13 CERTIFICATE – RETURN.
1 25 After the marriage has been solemnized, the officiating
1 26 minister or magistrate shall return the certificate of
1 27 marriage within fifteen days to the county registrar who
1 28 issued the marriage license upon the blank provided for that
1 29 purpose. The certificate of marriage shall indicate whether
1 30 the marriage is a covenant marriage.
1 31 Sec. 4. NEW SECTION. 595A.1 COVENANT MARRIAGE – INTENT
1 32 – CONDITIONS TO CREATE.
1 33 1. A man and woman who intend to enter a covenant marriage
1 34 shall include this intent on the marriage license application
1 35 form pursuant to section 595.3B and by executing a declaration
2 1 of intent to contract a covenant marriage as provided in
2 2 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. 5. 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 filed with the county
4 1 registrar.
4 2 Sec. 6. NEW SECTION. 595A.3 COVENANT MARRIAGE –
4 3 APPLICABILITY TO EXISTING MARRIAGES.
4 4 1. On or after January 1, 2002, married parties may
4 5 designate their marriage as a covenant marriage by executing a
4 6 declaration of intent in accordance with this section.
4 7 2. The declaration of intent shall be filed with the
4 8 county registrar with whom the marriage license of the parties
4 9 is filed. If the parties were married outside of the state, a
4 10 copy of the foreign marriage certificate, with the declaration
4 11 of intent attached, shall be filed with the county registrar
4 12 in the county in which the parties reside. The county
4 13 registrar shall make a notation on the marriage certificate of
4 14 the declaration of intent of a covenant marriage and shall
4 15 attach a copy of the declaration to the certificate.
4 16 3. A declaration of intent to designate an existing
4 17 marriage as a covenant marriage shall contain all of the
4 18 following:
4 19 a. A statement by the parties to the following effect:
4 20 "We, (names of both parties), solemnly declare that our
4 21 marriage is a covenant marriage and we agree to live together
4 22 as husband and wife as long as we both live. We voluntarily
4 23 accept the exclusive grounds for dissolution of a covenant
4 24 marriage. We have received the required marital education,
4 25 which included a discussion of the obligation to seek marital
4 26 counseling in times of marital difficulties and an explanation
4 27 of the exclusive grounds for dissolving a covenant marriage.
4 28 We have read the informational pamphlet regarding covenant
4 29 marriage and understand that a covenant marriage is for life.
4 30 If either of us experiences serious difficulties with the
4 31 marriage, we accept the ethical responsibility to inform the
4 32 other spouse about the extent of those problems in time for
4 33 corrective action to be taken and will make all reasonable
4 34 efforts to preserve our marriage, including participation in
4 35 marital counseling. With full knowledge of what this
5 1 commitment means, we declare that our marriage will be bound
5 2 by the state law on covenant marriage and we promise to love,
5 3 honor, and care for one another as husband and wife for the
5 4 rest of our lives."
5 5 b. A statement from the person who provided the marital
5 6 education to the following effect:
5 7 "I, (name of provider), confirm that (names of both parties
5 8 to the marriage) received marital education that complies with
5 9 Iowa Code section 595A.3. I am a licensed or ordained
5 10 minister, a person authorized to solemnize marriages under
5 11 Iowa Code section 595.10 or a marital and family therapist
5 12 licensed pursuant to Iowa Code chapter 154D."
5 13 c. The signature of both parties, witnessed by a notary
5 14 public.
5 15 4. The marital education provided to parties to a marriage
5 16 who wish to designate their marriage as a covenant marriage
5 17 shall be provided by a licensed or ordained minister, a person
5 18 authorized to solemnize marriages under section 595.10, or a
5 19 marital and family therapist licensed pursuant to chapter
5 20 154D. The education provided shall include a discussion of
5 21 the obligation to seek marital counseling in times of marital
5 22 difficulties and an explanation of the exclusive grounds for
5 23 dissolution of a covenant marriage. The educator shall
5 24 provide the parties with the informational pamphlet on
5 25 covenant marriage developed by the office of the attorney
5 26 general pursuant to section 595A.6.
5 27 Sec. 7. NEW SECTION. 595A.4 DISSOLUTION AND SEPARATE
5 28 MAINTENANCE IN A COVENANT MARRIAGE – EXCLUSIVE GROUNDS.
5 29 1. Notwithstanding any other law to the contrary, and
5 30 subsequent to the parties obtaining marital counseling, a
5 31 party to a covenant marriage may obtain an order of separate
5 32 support and maintenance or a dissolution of marriage, only
5 33 upon proof of any of the following:
5 34 a. The other party has committed adultery.
5 35 b. The other party has committed a felony and has been
6 1 sentenced to imprisonment.
6 2 c. The other party has abandoned the matrimonial domicile
6 3 for a period of one year and refuses to return.
6 4 d. The other party has physically or sexually abused the
6 5 party seeking the order or dissolution or a child of one of
6 6 the parties.
6 7 e. The parties have been living separate and apart
6 8 continuously without reconciliation for a period of two years.
6 9 2. In all proceedings for separate support and maintenance
6 10 or dissolution of marriage pursuant to subsection 1, the court
6 11 shall order the parties to complete at least twelve hours of
6 12 marital counseling that involves both parties and emphasizes
6 13 the principles of reconciliation. The court may require the
6 14 parties to pay an equal share of the costs of the counseling
6 15 or may apportion the cost between the parties based on the
6 16 ability to pay. The counseling shall be provided by a
6 17 licensed or ordained minister or the minister's designee, a
6 18 person authorized to solemnize a marriage pursuant to section
6 19 595.10, or a marital and family therapist licensed pursuant to
6 20 chapter 154D. The court may waive all or part of the
6 21 counseling requirement to the extent the parties have already
6 22 received the required twelve hours of marital education within
6 23 one year of the petition for separate support and maintenance
6 24 or dissolution of marriage.
6 25 Sec. 8. NEW SECTION. 595A.5 COVENANT MARRIAGE – OTHER
6 26 APPLICABLE LAWS.
6 27 1. A covenant marriage shall be governed by all of the
6 28 nonconflicting provisions of chapter 595.
6 29 2. A dissolution of or order of separate support and
6 30 maintenance relating to a covenant marriage shall be governed
6 31 by all of the nonconflicting provisions of chapter 598.
6 32 Sec. 9. NEW SECTION. 595A.6 ATTORNEY GENERAL –
6 33 PAMPHLET.
6 34 Prior to July 1, 2001, the office of the attorney general
6 35 shall develop an informational pamphlet entitled "Covenant
7 1 Marriage Option" which shall outline in sufficient detail the
7 2 requirements for entering into a covenant marriage or
7 3 designating an existing marriage as a covenant marriage, the
7 4 implications of entering into a covenant marriage or
7 5 designating an existing marriage as a covenant marriage, the
7 6 grounds for dissolution of a covenant marriage, and the legal
7 7 differences between a covenant marriage and a noncovenant
7 8 marriage. The informational pamphlet shall be made available
7 9 to all offices of the county registrar and to all persons who
7 10 provide premarital and marital education under this chapter.
7 11 Sec. 10. EFFECTIVE DATE. The section of this Act creating
7 12 section 595A.6 relating to the pamphlet developed by the
7 13 attorney general, being deemed of immediate importance, takes
7 14 effect upon enactment.
7 15 EXPLANATION
7 16 This bill establishes the procedure and requirements for a
7 17 covenant marriage. The bill requires the county registrar to
7 18 provide each applicant for a marriage license with an
7 19 informational pamphlet on covenant marriage, prepared by the
7 20 office of the attorney general. The bill requires the
7 21 application form for a marriage license to include a place for
7 22 the parties to indicate that they have been informed of the
7 23 option to designate the marriage a covenant marriage, and to
7 24 indicate, with their signatures, their intent to designate
7 25 their marriage a covenant marriage or a noncovenant marriage.
7 26 If the parties designate their marriage a covenant marriage,
7 27 they are to attach a copy of the declaration of their intent
7 28 to the marriage license application. The license to marry and
7 29 the certificate of marriage are also to indicate whether the
7 30 marriage is designated a covenant marriage.
7 31 The bill describes a covenant marriage, requires that the
7 32 parties to a covenant marriage complete at least 12 hours of
7 33 premarital education, and provides that the declaration of
7 34 intent to enter a covenant marriage is aspirational and
7 35 failure of a party to comply with the statements included in
8 1 the declaration does not provide additional grounds for
8 2 dissolution beyond those provided in the bill.
8 3 The bill specifies the contents of the declaration of
8 4 intent and requires a statement relating to the intent of the
8 5 parties to designate their marriage as a covenant marriage,
8 6 requires a statement from the person who provided the
8 7 premarital education relating to confirmation of the
8 8 completion by the parties of the required education, and
8 9 requires the signature of each party, or if one or both of the
8 10 parties are minors, the written consent or authorization of
8 11 those persons designated by law to provide consent or
8 12 authorization. The declaration of intent is to be prepared in
8 13 duplicate originals with one original being retained by the
8 14 parties and one original being filed with the county
8 15 registrar.
8 16 The bill also provides a procedure for parties to an
8 17 existing marriage to designate their marriage as a covenant
8 18 marriage, similar to the procedure established for entering
8 19 into a marriage.
8 20 The bill provides the exclusive grounds for obtaining
8 21 separate support and maintenance under or dissolution of a
8 22 covenant marriage which include: that a party commits
8 23 adultery, commits a felony and is imprisoned, abandons the
8 24 matrimonial domicile for one year and refuses to return,
8 25 physically or sexually abuses the other party or a child of
8 26 one of the parties, or is living separate and apart
8 27 continuously without reconciliation for a period of two years.
8 28 In all proceedings for separate support and maintenance or
8 29 dissolution based on a covenant marriage, the court is to
8 30 order the parties to complete at least 12 hours of marital
8 31 counseling. The court may waive the requirement to the extent
8 32 that the parties have already completed other required
8 33 education.
8 34 The bill provides that nonconflicting provisions of the
8 35 marriage chapter (Code chapter 595) and the dissolution
9 1 chapter (Code chapter 598) apply to covenant marriages.
9 2 The bill directs the office of the attorney general to
9 3 develop a pamphlet entitled "Covenant Marriage Option" to
9 4 outline the requirements of a covenant marriage, the
9 5 implications of entering into a covenant marriage, the grounds
9 6 for dissolution of a covenant marriage, and the legal
9 7 differences between covenant and noncovenant marriages. The
9 8 pamphlet is to be available at the offices of the county
9 9 registrar and to all persons who provide premarital and
9 10 marital education. This section of the bill takes effect upon
9 11 enactment.
9 12 LSB 1504YH 79
9 13 pf/cf/24
Text: HF00022 Text: HF00024 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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