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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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