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PAG LIN 1 1 Section 1. Section 331.602, Code 2003, is amended by 1 2 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, 2004, 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, 2003, 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, 2004, 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, 2003, 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. 9 18 LSB 2468SS 80 9 19 pf/sh/8
Text: SF00215 Text: SF00217 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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