Bill Text: IA HF387 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing covenant marriages and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-21 - Introduced, referred to Judiciary. H.J. 421. [HF387 Detail]
Download: Iowa-2017-HF387-Introduced.html
House File 387 - Introduced HOUSE FILE BY GASSMAN A BILL FOR 1 An Act establishing covenant marriages and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2353YH (3) 87 pf/rj PAG LIN 1 1 Section 1. Section 331.602, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 33. 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 1 17 on covenant marriage prepared by the office of the attorney 1 18 general pursuant to section 595A.5. 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 county 1 26 registrar in the county in which the parties applied for a 1 27 license to marry, within fifteen days of the solemnization. 1 28 Additionally, the parties to the marriage shall record the 1 29 declaration of intent with the county recorder in the county in 1 30 which the parties applied for the license to marry, and shall 1 31 pay the fee in accordance with section 331.604. 1 32 Sec. 5. NEW SECTION. 595A.1 Covenant marriage == intention 1 33 to create == requirements == contents of declaration of intent 1 34 to create a covenant marriage. 1 35 1. Beginning January 1, 2018, parties who are not parties to 2 1 an existing marriage as specified in section 595A.2, who intend 2 2 to enter into a covenant marriage, shall execute a declaration 2 3 of intent to execute a covenant marriage as provided in this 2 4 section. 2 5 2. Parties to a covenant marriage who are not parties to 2 6 an existing marriage as specified in section 595A.2, shall 2 7 receive at least twelve hours of premarital education prior 2 8 to entering into the covenant marriage which emphasizes the 2 9 nature, purposes, and the responsibilities of a covenant 2 10 marriage. The premarital education shall be provided by a 2 11 licensed or ordained minister, or the minister's designee, a 2 12 person authorized to solemnize marriages under section 595.10, 2 13 or a marital and family therapist licensed pursuant to chapter 2 14 154D. The education provided shall include a discussion of the 2 15 seriousness of covenant marriage, communication of the fact 2 16 that a covenant marriage is a commitment for life, a discussion 2 17 of the obligation to seek marital counseling in times of 2 18 marital difficulties, and a discussion of the exclusive grounds 2 19 for legally terminating a covenant marriage. 2 20 3. A declaration of intent to contract a covenant marriage 2 21 shall contain all of the following: 2 22 a. The following written statement: 2 23 We solemnly declare that marriage is a covenant between 2 24 a man and a woman who agree to live together as husband and 2 25 wife for as long as they both live. We have chosen each other 2 26 carefully and have received premarital education on the nature, 2 27 purposes, and responsibilities of marriage. We understand that 2 28 a covenant marriage is for life. If we experience marital 2 29 difficulties, we commit ourselves to take all reasonable 2 30 efforts to preserve our marriage, including marital counseling. 2 31 With full knowledge of what this commitment means, we do 2 32 declare that our marriage will be bound by Iowa law on covenant 2 33 marriages and we promise to love, honor, and care for one 2 34 another as husband and wife for the rest of our lives. 2 35 b. An affidavit by the parties, signed by the person who 3 1 provided the premarital education, that the parties have 3 2 received the required premarital education from a person 3 3 authorized to provide the premarital education under this 3 4 section. 3 5 c. One of the following, as applicable: 3 6 (1) The signature of both parties, witnessed by a notary 3 7 public. 3 8 (2) If one party is a minor or if both parties are minors, 3 9 the written consent or authorization of those persons required 3 10 under section 595.2 to consent to or authorize the marriage of 3 11 minors. 3 12 4. A declaration of intent shall be prepared in duplicate 3 13 originals, with one original being retained by the parties and 3 14 the other being returned to the county recorder of the county 3 15 in which the parties applied for the license to marry following 3 16 the solemnization of the marriage. 3 17 Sec. 6. NEW SECTION. 595A.2 Existing marriages == 3 18 designation as a covenant marriage. 3 19 1. On or after January 1, 2018, married parties may 3 20 designate their marriage as a covenant marriage by completing 3 21 a declaration of intent as specified in this section, filing 3 22 a duplicate original of the completed declaration of intent 3 23 with the county recorder in the county in which the parties 3 24 reside, and paying the fee in accordance with section 331.604. 3 25 The county recorder shall make a notation on the declaration 3 26 of intent identifying the source of issuance of the original 3 27 marriage license of the parties. 3 28 2. A declaration of intent to designate an existing marriage 3 29 as a covenant marriage shall contain all of the following: 3 30 a. The following written statement: 3 31 We solemnly declare that marriage is a covenant between a man 3 32 and a woman who agree to live together as husband and wife for 3 33 as long as they both live. We have chosen each other carefully 3 34 and understand that a covenant marriage is for life. If we 3 35 experience marital difficulties, we commit ourselves to take 4 1 all reasonable efforts to preserve our marriage, including 4 2 marital counseling. 4 3 With full knowledge of what this commitment means, we do 4 4 declare that our marriage will be bound by Iowa law on covenant 4 5 marriages and we promise to love, honor, and care for one 4 6 another as husband and wife for the rest of our lives. 4 7 b. The signature of both parties, witnessed by a notary 4 8 public. 4 9 Sec. 7. NEW SECTION. 595A.3 Dissolution of a covenant 4 10 marriage == exclusive grounds. 4 11 1. Notwithstanding any other law to the contrary, and 4 12 subsequent to the parties obtaining marital counseling, a party 4 13 to a covenant marriage may obtain a dissolution of marriage, 4 14 only upon proof of any of the following: 4 15 a. The other party has committed adultery. 4 16 b. The other party has committed a felony and has been 4 17 sentenced to imprisonment. 4 18 c. The other party has abandoned the matrimonial domicile 4 19 for a period of one year and refuses to return. 4 20 d. The other party has physically or sexually abused the 4 21 party seeking the dissolution or a child of one of the parties 4 22 living in the matrimonial domicile, or the other party has been 4 23 found to have engaged in domestic abuse pursuant to section 4 24 236.5. 4 25 e. The parties have been living separate and apart 4 26 continuously without reconciliation for a period of at least 4 27 one year. 4 28 f. The other party has habitually abused drugs or alcohol. 4 29 g. The parties have agreed to a dissolution of marriage. 4 30 2. In a11 proceedings for dissolution of marriage pursuant 4 31 to subsection 1, the court may issue an order of temporary 4 32 support and maintenance during the pendency of the proceedings. 4 33 Notwithstanding the time period requirements of the grounds 4 34 specified pursuant to subsection 1, paragraph "c" or "e", 4 35 a party to a covenant marriage may petition the court for 5 1 separate support and maintenance prior to the elapsing of the 5 2 specified time period. 5 3 Sec. 8. NEW SECTION. 595A.4 Covenant marriage == other 5 4 applicable laws. 5 5 1. A covenant marriage shall be governed by all of the 5 6 nonconflicting provisions of chapter 595. 5 7 2. A dissolution of a covenant marriage shall be governed by 5 8 all of the nonconflicting provisions of chapter 598. 5 9 Sec. 9. NEW SECTION. 595A.5 Attorney general == pamphlet. 5 10 Prior to July 1, 2017, the office of the attorney general 5 11 shall develop an informational pamphlet entitled "Covenant 5 12 Marriage Option" which shall outline in sufficient detail 5 13 the requirements for entering into a covenant marriage or 5 14 designating an existing marriage as a covenant marriage, 5 15 the implications of entering into a covenant marriage or 5 16 designating an existing marriage as a covenant marriage, the 5 17 grounds for dissolution of a covenant marriage, and the legal 5 18 differences between a covenant marriage and a noncovenant 5 19 marriage. The informational pamphlet shall be made available 5 20 to all offices of the county registrar and to all persons who 5 21 provide premarital and marital education under this chapter. 5 22 Sec. 10. EFFECTIVE DATE. The section of this Act enacting 5 23 section 595A.5 relating to the pamphlet to be developed by the 5 24 attorney general, being deemed of immediate importance, takes 5 25 effect upon enactment. 5 26 EXPLANATION 5 27 The inclusion of this explanation does not constitute agreement with 5 28 the explanation's substance by the members of the general assembly. 5 29 This bill establishes the procedure and requirements for 5 30 a covenant marriage. The bill requires the county registrar 5 31 to provide each applicant for a marriage license with an 5 32 informational pamphlet on covenant marriage, prepared by 5 33 the office of the attorney general. The bill requires the 5 34 certificate of marriage to include a place to allow the parties 5 35 to designate the marriage as a covenant marriage. After the 6 1 marriage is solemnized, the officiating minister or magistrate 6 2 is directed to return the completed certificate of marriage 6 3 with the section designating the marriage a covenant marriage 6 4 clearly indicated to the county registrar in the county in 6 5 which the parties applied for a license to marry, within 15 6 6 days of the solemnization. Additionally, the parties are 6 7 directed to record the declaration of intent with the county 6 8 recorder in the county in which the parties applied for the 6 9 license to marry. 6 10 The bill describes a covenant marriage, specifies the 6 11 contents of the declaration of intent and requires a statement 6 12 relating to the intent of the parties to designate their 6 13 marriage as a covenant marriage, requires a statement from 6 14 the person who provided the premarital education relating to 6 15 confirmation of the completion by the parties of the required 6 16 education, and requires the signature of each party, or if 6 17 one or both of the parties are minors, the written consent or 6 18 authorization of those persons designated by law to provide 6 19 consent or authorization. The declaration of intent is to 6 20 be prepared in duplicate originals with one original being 6 21 retained by the parties and one original being filed with the 6 22 county recorder in the county in which the parties applied for 6 23 the license to marry following solemnization of the marriage. 6 24 The bill also provides a procedure for parties to an existing 6 25 marriage on or after January 1, 2018, to designate their 6 26 marriage as a covenant marriage. 6 27 The bill provides the exclusive grounds for obtaining 6 28 a dissolution of a covenant marriage, and provides that 6 29 nonconflicting provisions of the marriage chapter (Code chapter 6 30 595) and the dissolution chapter (Code chapter 598) apply to 6 31 covenant marriages. 6 32 The bill directs the office of the attorney general, prior to 6 33 July 1, 2017, to develop a pamphlet entitled "Covenant Marriage 6 34 Option" to outline the requirements of a covenant marriage, 6 35 the implications of entering into a covenant marriage, the 7 1 grounds for dissolution of a covenant marriage, and the legal 7 2 differences between covenant and noncovenant marriages. The 7 3 pamphlet is to be available at the offices of the county 7 4 registrar and to all persons who provide premarital and marital 7 5 education. This provision of the bill takes effect upon 7 6 enactment.
