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H.B. 213

             1     

COVENANT MARRIAGE OPTION

             2     
2003 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Douglas C. Aagard

             5      This act creates the Covenant Marriage Act. It defines covenant marriage, creates
             6      requirements for parties to enter into a covenant marriage, and directs the county clerk
             7      to note the designation on marriage documents. In addition, this act provides for the
             8      conversion of a previously solemnized marriage to a covenant marriage and sets out
             9      specific requirements for the dissolution of a covenant marriage. The act also provides
             10      for an additional fee of up to $20 for a covenant marriage designation and for the
             11      conversion of a marriage to a covenant marriage. This act takes effect on July 1, 2003.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          26-2-24, as last amended by Chapter 202, Laws of Utah 1995
             15          30-1-12, as last amended by Chapter 154, Laws of Utah 1988
             16      ENACTS:
             17          30-1-40, Utah Code Annotated 1953
             18          30-1-40.1, Utah Code Annotated 1953
             19          30-1-40.2, Utah Code Annotated 1953
             20          30-1-40.3, Utah Code Annotated 1953
             21          30-1-40.4, Utah Code Annotated 1953
             22          30-1-40.5, Utah Code Annotated 1953
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 26-2-24 is amended to read:
             25           26-2-24. Marriage licenses -- Execution and filing requirements.
             26          (1) The state registrar shall supply county clerks with application forms for marriage
             27      licenses. [Completed applications shall be transmitted by the clerks to the state registrar



             28      monthly. The personal identification information contained on each application]
             29          (2) Completed applications shall be transmitted by the clerks to the state registrar
             30      monthly.
             31          (3) The personal identification information contained on each application for a
             32      marriage license filed with the county clerk shall be entered on a form supplied by the state
             33      registrar.
             34          (4) The person performing the marriage shall furnish the date and place of marriage
             35      and his name and address.
             36          (5) The form shall be completed and certified by the county clerk before it is filed with
             37      the state registrar.
             38          (6) The form shall also indicate whether the marriage is a covenant marriage.
             39          Section 2. Section 30-1-12 is amended to read:
             40           30-1-12. Clerk to file license and certificate.
             41          (1) The license, together with the certificate of the person officiating at the marriage,
             42      shall be filed and preserved by the clerk, and shall be recorded by him in a book kept for that
             43      purpose, or by electronic means. The record shall be properly indexed in the names of the
             44      parties so married.
             45          (2) A transcript shall be promptly certified and transmitted by the clerk to the state
             46      registrar of vital statistics.
             47          (3) If the marriage is a covenant marriage pursuant to Section 30-1-40 et seq., the clerk
             48      shall attach the documents required by Section 30-1-40.1 to the license before filing and
             49      recording, and indicate in the record book that the marriage is a covenant marriage.
             50          Section 3. Section 30-1-40 is enacted to read:
             51          30-1-40. Covenant marriage -- Definition.
             52          (1) Sections 30-1-40 through 30-1-40.5 shall be known as the "Covenant Marriage
             53      Act."
             54          (2) As used in Sections 30-1-40 through 30-1-40.5 , "covenant marriage" means a
             55      marriage entered into according to the requirements of this chapter by parties who understand
             56      and agree that the marriage between them is a lifelong commitment as evidenced by their
             57      compliance with the requirements of this act.
             58          Section 4. Section 30-1-40.1 is enacted to read:



             59          30-1-40.1. Covenant marriage -- Declaration of intent -- Filing requirements.
             60          (1) Persons who have the legal capacity to marry pursuant to this title may enter into a
             61      covenant marriage by declaring their intent to do so on the application for a marriage license
             62      obtained pursuant to Section 30-1-7 .
             63          (2) Persons who wish to enter into a covenant marriage shall provide the following
             64      documentation with the application for a marriage license to the county clerk:
             65          (a) a signed and notarized copy of the "Declaration of Intent to Enter into a Covenant
             66      Marriage" found in Section 30-1-40.2 ;
             67          (b) an affidavit signed by both parties stating that they have received premarital
             68      counseling from a member of the clergy or a certified marriage counselor; and
             69          (c) a signed statement from a member of the clergy or a certified marriage counselor in
             70      accordance with Section 30-1-40.3 stating that the parties were counseled.
             71          (3) The county clerk may charge a fee not to exceed $20 in addition to the license fee
             72      when the couple indicates their intent to enter into a covenant marriage.
             73          Section 5. Section 30-1-40.2 is enacted to read:
             74          30-1-40.2. Covenant marriage -- Declaration of intent -- Contents.
             75      The Declaration of Intent to Enter into a Covenant Marriage shall be stated as follows:
             76     
"Declaration of Intent to Enter into a Covenant Marriage

             77      1. We do solemnly declare that marriage is a covenant between a man and a woman who agree
             78      to live together as husband and wife for so long as they both may live.
             79      2. We have chosen each other carefully and disclosed to one another everything which could
             80      adversely affect the decision to enter this marriage.
             81      3. We have received premarital counseling on the nature, purposes, and responsibilities of
             82      marriage.
             83      4. We have read the Covenant Marriage Act, and we understand that a Covenant Marriage is
             84      for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts
             85      to preserve our marriage, including marital counseling.
             86      5. We understand that by entering into a Covenant Marriage, that the dissolution of our
             87      marriage may only take place under specific circumstances.
             88      6. With full knowledge of what this commitment means, we do hereby declare that our
             89      marriage will be bound by Utah law on Covenant Marriages and we promise to love, honor,


             90      and care for one another as husband and wife for the rest of our lives."
             91          Section 6. Section 30-1-40.3 is enacted to read:
             92          30-1-40.3. Premarital counseling required -- Statement by counselor.
             93          (1) The parties wishing to enter into a covenant marriage shall be counseled together
             94      by a member of the clergy or certified marriage counselor. The counseling shall include
             95      discussions covering the following:
             96          (a) the seriousness of a covenant marriage and an understanding that a covenant
             97      marriage is commitment for life;
             98          (b) characteristics that provide a strong foundation for marriage and the skills
             99      necessary to maintain it; and
             100          (c) the obligation to seek marital counseling in times of marital difficulties.
             101          (2) The counseling may also include a discussion of the exclusive grounds for legally
             102      terminating a covenant marriage.
             103          (3) Upon completion of the counseling, the counselor shall provide a statement to the
             104      couple indicating that they participated in counseling concerning covenant marriage and the
             105      responsibilities it entails.
             106          Section 7. Section 30-1-40.4 is enacted to read:
             107          30-1-40.4. Covenant marriage -- Existing marriage conversion.
             108          (1) A husband and wife may enter into a covenant marriage by submitting to the county
             109      clerk the declaration prescribed in Section 30-1-40.2 and a sworn statement with the names and
             110      dates of birth of the husband and wife and the date and place their marriage was contracted.
             111          (2) If the original marriage license was issued from the same county and a paper copy
             112      can be retrieved, the clerk shall attach the declaration to the original documents and issue to the
             113      husband and wife a certificate that documents the conversion. If only an electronic copy of the
             114      documents can be retrieved, the clerk shall note on the electronic copy that the marriage was
             115      converted and the date of conversion and issue to the husband and wife a certificate that
             116      documents the conversion.
             117          (3) If a husband and wife who were not married within this state wish to convert their
             118      marriage to a covenant marriage, they shall present a certified copy of their marriage certificate,
             119      along with a properly signed declaration to the county clerk.
             120          (4) A husband and wife who apply for a covenant marriage conversion under this


             121      section are not required to receive premarital counseling and may delete statement 3 from the
             122      declaration before signing.
             123          (5) A husband and wife are not required to have the converted covenant marriage
             124      separately solemnized.
             125          (6) The county clerk may charge a fee not to exceed $20 for the conversion.
             126          (7) Conversion to a covenant marriage does not make valid a marriage that is
             127      prohibited pursuant to this title or that is not validly contracted in this state.
             128          Section 8. Section 30-1-40.5 is enacted to read:
             129          30-1-40.5. Covenant marriage -- Dissolution -- Grounds.
             130          Notwithstanding any law to the contrary, if a husband and wife have entered into a
             131      covenant marriage pursuant to this chapter a court shall not enter a decree of divorce pursuant
             132      to Chapter 3 of this title unless it finds one of the following:
             133          (1) The respondent spouse has committed adultery.
             134          (2) The respondent spouse has committed a felony and has been sentenced to death or
             135      imprisonment in any federal, state, county, or municipal correctional facility.
             136          (3) The respondent spouse has abandoned the matrimonial domicile for at least one
             137      year before the petitioner filed for dissolution of marriage and refuses to return.
             138          (a) A party may file a petition based on this ground by alleging that the respondent
             139      spouse has left the matrimonial domicile and is expected to remain absent for the required
             140      period.
             141          (b) If the respondent spouse has not abandoned the matrimonial domicile for the
             142      required period at the time of the filing of the petition, the action shall not be dismissed for
             143      failure to state sufficient grounds and the action shall be stayed for the period of time remaining
             144      to meet the grounds based on abandonment, except that the court may enter and enforce any
             145      temporary orders during the time that the action is pending.
             146          (4) The respondent spouse has physically or sexually abused the spouse seeking the
             147      dissolution of marriage, a child, a relative of either spouse permanently living in the
             148      matrimonial domicile or has committed domestic violence as defined in Section 77-36-1 or
             149      emotional abuse.
             150          (5) (a) The spouses have been living separate and apart continuously without
             151      reconciliation before the petitioner filed for dissolution of the marriage for at least:


             152          (i) two years, if there are children of the marriage; or
             153          (ii) 18 months, if there are no children of the marriage.
             154          (b) A party may file a petition based on this ground by alleging that it is expected that
             155      the parties will be living separate and apart for the required period.
             156          (c) If the parties have not been separated for the required period at the time of the filing
             157      of the petition, the action shall not be dismissed for failure to state sufficient grounds and the
             158      action shall be stayed for the period of time remaining to meet the grounds based on separation,
             159      except that the court may enter and enforce any temporary orders issued during the time that
             160      the action is pending.
             161          (6) The spouses have been living separate and apart continuously without
             162      reconciliation for at least one year from the date the decree of legal separation was entered.
             163          (7) The respondent spouse has habitually abused drugs or alcohol.
             164          (8) The husband and wife both agree to a dissolution of marriage.
             165          Section 9. Effective date.
             166          This act takes effect on July 1, 2003.




Legislative Review Note
    as of 10-18-02 9:24 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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