H.F. 387 Section 1. Section 331.602, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 33. Record all declarations of intent 3 pursuant to chapter 595A that are presented to the recorder’s 4 office for recordation, upon payment of a fee in accordance 5 with section 331.604. 6 Sec. 2. NEW SECTION . 595.3B Certificate of marriage —— 7 covenant marriage designation. 8 In addition to any other information contained in a 9 certificate of marriage, the certificate of marriage shall 10 include a section to allow the parties to designate the 11 marriage as a covenant marriage. 12 Sec. 3. NEW SECTION . 595.3C Covenant marriage —— 13 information pamphlet. 14 The county registrar shall provide each applicant for a 15 marriage license with a copy of the informational pamphlet 16 on covenant marriage prepared by the office of the attorney 17 general pursuant to section 595A.5. 18 Sec. 4. NEW SECTION . 595.14 Covenant marriage —— 19 declaration return. 20 If the parties wish to designate the marriage a covenant 21 marriage, after the marriage has been solemnized, the 22 officiating minister or magistrate shall return the completed 23 certificate of marriage with the section designating the 24 marriage as a covenant marriage clearly indicated to the county 25 registrar in the county in which the parties applied for a 26 license to marry, within fifteen days of the solemnization. 27 Additionally, the parties to the marriage shall record the 28 declaration of intent with the county recorder in the county in 29 which the parties applied for the license to marry, and shall 30 pay the fee in accordance with section 331.604. 31 Sec. 5. NEW SECTION . 595A.1 Covenant marriage —— intention 32 to create —— requirements —— contents of declaration of intent 33 to create a covenant marriage. 34 1. Beginning January 1, 2018, parties who are not parties to 35 -1- LSB 2353YH (3) 87 pf/rj 1/ 7

H.F. 387 an existing marriage as specified in section 595A.2, who intend 1 to enter into a covenant marriage, shall execute a declaration 2 of intent to execute a covenant marriage as provided in this 3 section. 4 2. Parties to a covenant marriage who are not parties to 5 an existing marriage as specified in section 595A.2, shall 6 receive at least twelve hours of premarital education prior 7 to entering into the covenant marriage which emphasizes the 8 nature, purposes, and the responsibilities of a covenant 9 marriage. The premarital education shall be provided by a 10 licensed or ordained minister, or the minister’s designee, a 11 person authorized to solemnize marriages under section 595.10, 12 or a marital and family therapist licensed pursuant to chapter 13 154D. The education provided shall include a discussion of the 14 seriousness of covenant marriage, communication of the fact 15 that a covenant marriage is a commitment for life, a discussion 16 of the obligation to seek marital counseling in times of 17 marital difficulties, and a discussion of the exclusive grounds 18 for legally terminating a covenant marriage. 19 3. A declaration of intent to contract a covenant marriage 20 shall contain all of the following: 21 a. The following written statement: 22 We solemnly declare that marriage is a covenant between 23 a man and a woman who agree to live together as husband and 24 wife for as long as they both live. We have chosen each other 25 carefully and have received premarital education on the nature, 26 purposes, and responsibilities of marriage. We understand that 27 a covenant marriage is for life. If we experience marital 28 difficulties, we commit ourselves to take all reasonable 29 efforts to preserve our marriage, including marital counseling. 30 With full knowledge of what this commitment means, we do 31 declare that our marriage will be bound by Iowa law on covenant 32 marriages and we promise to love, honor, and care for one 33 another as husband and wife for the rest of our lives. 34 b. An affidavit by the parties, signed by the person who 35 -2- LSB 2353YH (3) 87 pf/rj 2/ 7

H.F. 387 provided the premarital education, that the parties have 1 received the required premarital education from a person 2 authorized to provide the premarital education under this 3 section. 4 c. One of the following, as applicable: 5 (1) The signature of both parties, witnessed by a notary 6 public. 7 (2) If one party is a minor or if both parties are minors, 8 the written consent or authorization of those persons required 9 under section 595.2 to consent to or authorize the marriage of 10 minors. 11 4. A declaration of intent shall be prepared in duplicate 12 originals, with one original being retained by the parties and 13 the other being returned to the county recorder of the county 14 in which the parties applied for the license to marry following 15 the solemnization of the marriage. 16 Sec. 6. NEW SECTION . 595A.2 Existing marriages —— 17 designation as a covenant marriage. 18 1. On or after January 1, 2018, married parties may 19 designate their marriage as a covenant marriage by completing 20 a declaration of intent as specified in this section, filing 21 a duplicate original of the completed declaration of intent 22 with the county recorder in the county in which the parties 23 reside, and paying the fee in accordance with section 331.604. 24 The county recorder shall make a notation on the declaration 25 of intent identifying the source of issuance of the original 26 marriage license of the parties. 27 2. A declaration of intent to designate an existing marriage 28 as a covenant marriage shall contain all of the following: 29 a. The following written statement: 30 We solemnly declare that marriage is a covenant between a man 31 and a woman who agree to live together as husband and wife for 32 as long as they both live. We have chosen each other carefully 33 and understand that a covenant marriage is for life. If we 34 experience marital difficulties, we commit ourselves to take 35 -3- LSB 2353YH (3) 87 pf/rj 3/ 7

H.F. 387 all reasonable efforts to preserve our marriage, including 1 marital counseling. 2 With full knowledge of what this commitment means, we do 3 declare that our marriage will be bound by Iowa law on covenant 4 marriages and we promise to love, honor, and care for one 5 another as husband and wife for the rest of our lives. 6 b. The signature of both parties, witnessed by a notary 7 public. 8 Sec. 7. NEW SECTION . 595A.3 Dissolution of a covenant 9 marriage —— exclusive grounds. 10 1. Notwithstanding any other law to the contrary, and 11 subsequent to the parties obtaining marital counseling, a party 12 to a covenant marriage may obtain a dissolution of marriage, 13 only upon proof of any of the following: 14 a. The other party has committed adultery. 15 b. The other party has committed a felony and has been 16 sentenced to imprisonment. 17 c. The other party has abandoned the matrimonial domicile 18 for a period of one year and refuses to return. 19 d. The other party has physically or sexually abused the 20 party seeking the dissolution or a child of one of the parties 21 living in the matrimonial domicile, or the other party has been 22 found to have engaged in domestic abuse pursuant to section 23 236.5. 24 e. The parties have been living separate and apart 25 continuously without reconciliation for a period of at least 26 one year. 27 f. The other party has habitually abused drugs or alcohol. 28 g. The parties have agreed to a dissolution of marriage. 29 2. In a11 proceedings for dissolution of marriage pursuant 30 to subsection 1, the court may issue an order of temporary 31 support and maintenance during the pendency of the proceedings. 32 Notwithstanding the time period requirements of the grounds 33 specified pursuant to subsection 1, paragraph “c” or “e” , 34 a party to a covenant marriage may petition the court for 35 -4- LSB 2353YH (3) 87 pf/rj 4/ 7

H.F. 387 separate support and maintenance prior to the elapsing of the 1 specified time period. 2 Sec. 8. NEW SECTION . 595A.4 Covenant marriage —— other 3 applicable laws. 4 1. A covenant marriage shall be governed by all of the 5 nonconflicting provisions of chapter 595. 6 2. A dissolution of a covenant marriage shall be governed by 7 all of the nonconflicting provisions of chapter 598. 8 Sec. 9. NEW SECTION . 595A.5 Attorney general —— pamphlet. 9 Prior to July 1, 2017, the office of the attorney general 10 shall develop an informational pamphlet entitled “Covenant 11 Marriage Option” which shall outline in sufficient detail 12 the requirements for entering into a covenant marriage or 13 designating an existing marriage as a covenant marriage, 14 the implications of entering into a covenant marriage or 15 designating an existing marriage as a covenant marriage, the 16 grounds for dissolution of a covenant marriage, and the legal 17 differences between a covenant marriage and a noncovenant 18 marriage. The informational pamphlet shall be made available 19 to all offices of the county registrar and to all persons who 20 provide premarital and marital education under this chapter. 21 Sec. 10. EFFECTIVE DATE. The section of this Act enacting 22 section 595A.5 relating to the pamphlet to be developed by the 23 attorney general, being deemed of immediate importance, takes 24 effect upon enactment. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill establishes the procedure and requirements for 29 a covenant marriage. The bill requires the county registrar 30 to provide each applicant for a marriage license with an 31 informational pamphlet on covenant marriage, prepared by 32 the office of the attorney general. The bill requires the 33 certificate of marriage to include a place to allow the parties 34 to designate the marriage as a covenant marriage. After the 35 -5- LSB 2353YH (3) 87 pf/rj 5/ 7

H.F. 387 marriage is solemnized, the officiating minister or magistrate 1 is directed to return the completed certificate of marriage 2 with the section designating the marriage a covenant marriage 3 clearly indicated to the county registrar in the county in 4 which the parties applied for a license to marry, within 15 5 days of the solemnization. Additionally, the parties are 6 directed to record the declaration of intent with the county 7 recorder in the county in which the parties applied for the 8 license to marry. 9 The bill describes a covenant marriage, specifies the 10 contents of the declaration of intent and requires a statement 11 relating to the intent of the parties to designate their 12 marriage as a covenant marriage, requires a statement from 13 the person who provided the premarital education relating to 14 confirmation of the completion by the parties of the required 15 education, and requires the signature of each party, or if 16 one or both of the parties are minors, the written consent or 17 authorization of those persons designated by law to provide 18 consent or authorization. The declaration of intent is to 19 be prepared in duplicate originals with one original being 20 retained by the parties and one original being filed with the 21 county recorder in the county in which the parties applied for 22 the license to marry following solemnization of the marriage. 23 The bill also provides a procedure for parties to an existing 24 marriage on or after January 1, 2018, to designate their 25 marriage as a covenant marriage. 26 The bill provides the exclusive grounds for obtaining 27 a dissolution of a covenant marriage, and provides that 28 nonconflicting provisions of the marriage chapter (Code chapter 29 595) and the dissolution chapter (Code chapter 598) apply to 30 covenant marriages. 31 The bill directs the office of the attorney general, prior to 32 July 1, 2017, to develop a pamphlet entitled “Covenant Marriage 33 Option” to outline the requirements of a covenant marriage, 34 the implications of entering into a covenant marriage, the 35 -6- LSB 2353YH (3) 87 pf/rj 6/ 7