To amend and reenact Civil Code Articles 102 and 103 and R.S. 9:234 and
245(A)(1) and to enact R.S. 9:224(C) and 225(A)(3), Part VII of Chapter
1 of Code Title IV of Code Book I of Title 9 of the Louisiana Revised Statutes
of 1950, comprised of R.S. 9:272 through 275, and R.S. 9:307, 308, and 309,
all relative to covenant marriages; to provide for a declaration on the
application for a marriage license; to provide prerequisites to entering
into a covenant marriage, including counseling; to authorize the entering
into a covenant marriage by couples already married; to provide for indication
thereof on the marriage certificate; to provide the exclusive means to terminate
a covenant marriage; to provide with respect to jurisdiction, venue, and
incidental relief; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. Civil Code Articles 102 and 103 are hereby amended and reenacted
to read as follows:
Art. 102. Judgment of divorce; living apart one hundred eighty days prior
to rule
Except in the case of a covenant marriage, a divorce shall be granted upon
motion of a spouse when either spouse has filed a petition for divorce and
upon proof that one hundred eighty days have elapsed from the service of
the petition, or from the execution of written waiver of the service, and
that the spouses have lived separate and apart continuously for at least
one hundred eighty days prior to the filing of the rule to show cause.
The motion shall be a rule to show cause filed after all such delays have
elapsed.
Art. 103. Judgment of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be granted on
the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for a period
of six months or more on the date the petition is filed; or
(2) The other spouse has committed adultery; or
(3) The other spouse has committed a felony and has been sentenced to death
or imprisonment at hard labor.
Section 2. R.S. 9:234 and 245(A)(1) are hereby amended and reenacted and
R.S. 9:224(C) and 225(A)(3) are hereby enacted to read as follows:
224. Same; information required
C. In cases wherein the parties intend to contract a covenant marriage,
the application for a marriage license must also include the following:
"We, [name of intended husband] and [name of intended wife], do hereby
declare our intent to contract a Covenant Marriage and, accordingly, have
executed a declaration of intent attached hereto."
225. Same; attachments
A. An application for a marriage license shall be accompanied by:
(3) If applicable, the declaration of intent for a covenant marriage,
as provided in Part VII of this Chapter.
234. Time and date; indication of covenant marriage
The official who issues the marriage license shall show on the face of it
the exact time and date of issuance.
The official shall also indicate on the marriage license whether the parties
intend to enter into a covenant marriage.
245. Marriage certificate
A.(1) The marriage certificate is the record prepared for every marriage
on a form approved by the state registrar of vital records. It shall contain
the information prescribed. On the face of the certificate shall appear
the certification to the fact of marriage including, if applicable, a designation
that the parties entered into a covenant marriage, signed by the parties
to the marriage and by the witnesses, and the signature and title of the
officiant.
Section 3. Part VII of Chapter 1 of Code Title IV of Code Book I of Title
9 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:272
through 275, is hereby enacted to read as follows:
272. Covenant marriage; intent; conditions to create
A. A covenant marriage is a marriage entered into by one male and one female
who understand and agree that the marriage between them is a lifelong relationship.
Parties to a covenant marriage have received counseling emphasizing the
nature and purposes of marriage and the responsibilities thereto. Only when
there has been a complete and total breach of the marital covenant commitment
may the non-breaching party seek a declaration that the marriage is no longer
legally recognized.
B. A man and woman may contract a covenant marriage by declaring their intent
to do so on their application for a marriage license, as provided in R.S.
9:224(C), and executing a declaration of intent to contract a covenant marriage,
as provided in R.S. 9:273. The application for a marriage license and the
declaration of intent shall be filed with the official who issues the marriage
license.
273. Covenant marriage; contents of declaration of intent
A. A declaration of intent to contract a covenant marriage shall contain
all of the following:
(1) A recitation by the parties to the following effect:
We do solemnly declare that marriage is a covenant between a man and
a woman who agree to live together as husband and wife for so long as they
both may live. We have chosen each other carefully and disclosed to one
another everything which could adversely affect the decision to enter into
this marriage. We have received premarital counseling on the nature, purposes,
and responsibilities of marriage. We have read the Covenant Marriage Act,
and we understand that a Covenant Marriage is for life. If we experience
martial difficulties, we commit ourselves to take all reasonable efforts
to preserve our marriage, including marital counseling.
With full knowledge of what this commitment means, we do hereby declare
that our marriage will be bound by Louisiana law on Covenant Marriages and
we promise to love, honor, and care for one another as husband and wife
for the rest of our lives."
(2)(a) An affidavit by the parties that they have received premarital counseling
from a priest, minister, rabbi, clerk of the Religious Society of Friends,
any clergyman of any religious sect, or a marriage counselor, which counseling
shall include a discussion of the seriousness of covenant marriage, communication
of the fact that a covenant marriage is a commitment for life, a discussion
of the obligation to seek marital counseling in times of marital difficulties,
and a discussion of the exclusive grounds for legally terminating a covenant
marriage by divorce or by divorce after a judgment of separation from bed
and board.
(b) A notarized attestation, signed by the counselor and attached to or
included in the parties' affidavit, confirming that the parties were counseled
as to the nature and purpose of the marriage and the grounds for termination
thereof and an acknowledging that the counselor provided to the parties
the informational pamphlet developed and promulgated by the office of the
attorney general, which pamphlet entitled the Covenant Marriage Act provides
a full explanation of the terms and conditions of a covenant marriage.
(3)(a) The signature of both parties witnessed by a notary.
(b) If one or both of the parties are minors, the written consent or authorization
of those persons required under the Children's Code to consent to or authorize
the marriage of minors.
B. The declaration shall contain two separate documents, the recitation
and the affidavit, the latter of which shall include the attestation either
included therein or attached thereto. The recitation shall be prepared in
duplicate originals, one of which shall be retained by the parties and the
other, together with the affidavit and attestation, shall be filed as provided
in R.S. 9:272(B).
274. Covenant marriage; other applicable rules
A covenant marriage shall be governed by all of the provisions of Chapters
1 through 4 of Title IV of Book I of the Louisiana Civil Code and the provisions
of Code Title IV of Code Book I of Title 9 of the Louisiana Revised Statutes
of 1950.
275. Covenant marriage; applicability to already married couples
A. On or after August 15, 1997, married couples may execute a declaration
of intent to designate their marriage as a covenant marriage to be governed
by the laws relative thereto.
B.(1) This declaration of intent in the form and containing the contents
required by Subsection C of this Section must be presented to the officer
who issued the couple's marriage license and with whom the couple's marriage
certificate is filed. If the couple was married outside of this state, a
copy of the foreign marriage certificate, with the declaration of intent
attached thereto, shall be filed with the officer who issues marriage licenses
in the parish in which the couple is domiciled. The officer shall make a
notation on the marriage certificate of the declaration of intent of a covenant
marriage and attach a copy of the declaration to the certificate.
(2) On or before the fifteenth day of each calendar month, the officer shall
forward to the state registrar of vital records each declaration of intent
of a covenant marriage filed with him during the preceding calendar month
pursuant to this Section.
C.(1) A declaration of intent to designate a marriage as a covenant marriage
shall contain all of the following:
(a) A recitation by the parties to the following effect:
We do solemnly declare that marriage is a covenant between a man and
a woman who agree to live together as husband and wife for so long as they
both may live. We understand the nature, purpose, and responsibilities of
marriage. We have read the Covenant Marriage Act, and we understand that
a Covenant Marriage is for life. If we experience marital difficulties,
we commit ourselves to take all reasonable efforts to preserve our marriage,
including marital counseling.
With full knowledge of what this commitment means, we do hereby declare
that our marriage will be bound by Louisiana law on Covenant Marriage, and
we renew our promise to love, honor, and care for one another as husband
and wife for the rest of our lives."
(b)(i) An affidavit by the parties that they have discussed their intent
to designate their marriage as a covenant marriage with a priest, minister,
rabbi, clerk of the Religious Society of Friends, any clergyman of any religious
sect, or a marriage counselor, which included a discussion of the obligation
to seek marital counseling in times of marital difficulties and the exclusive
grounds for legally terminating a covenant marriage by divorce or by divorce
after a judgment of separation from bed and board.
(ii) A notarized attestation, signed by the counselor and attached to the
parties' affidavit, acknowledging that the counselor provided to the parties
the information pamphlet developed and promulgated by the office of the
attorney general, which pamphlet entitled the Covenant Marriage Act provides
a full explanation of the terms and conditions of a covenant marriage.
(iii) The signature of both parties witnessed by a notary.
(2) The declaration shall contain two separate documents, the recitation
and the affidavit, the latter of which shall include the attestation either
included therein or attached thereto. The recitation shall be prepared in
duplicate originals, one of which shall be retained by the parties and the
other, together with the affidavit and attestation, shall be filed as provided
in Subsection B of this Section.
Section 4. R.S. 9:307, 308, and 309 are hereby enacted to read as follows:
307. Divorce or separation from bed and board in a covenant marriage; exclusive
grounds
A. Notwithstanding any other law to the contrary and subsequent to the parties
obtaining counseling, a spouse to a covenant marriage may obtain a judgment
of divorce only upon proof of any of the following:
(1) The other spouse has committed adultery.
(2) The other spouse has committed a felony and has been sentenced to death
or imprisonment at hard labor.
(3) The other spouse has abandoned the matrimonial domicile for a period
of one year and constantly refuses to return.
(4) The other spouse has physically or sexually abused the spouse seeking
the divorce or a child of one of the spouses.
(5) The spouses have been living separate and apart continuously without
reconciliation for a period of two years.
(6)(a) The spouses have been living separate and apart continuously without
reconciliation for a period of one year from the date the judgment of separation
from bed and board was signed.
(b) If there is a minor child or children of the marriage, the spouses have
been living separate and apart continuously without reconciliation for a
period of one year and six months from the date the judgment of separation
from bed and board was signed; however, if abuse of a child of the marriage
or a child of one of the spouses is the basis for which the judgment of
separation from bed and board was obtained, then a judgment of divorce may
be obtained if the spouses have been living separate and apart continuously
without reconciliation for a period of one year from the date the judgment
of separation from bed and board was signed.
B. Notwithstanding any other law to the contrary and subsequent to the parties
obtaining counseling, a spouse to a covenant marriage may obtain a judgment
of separation from bed and board only upon proof of any of the following:
(1) The other spouse has committed adultery.
(2) The other spouse has committed a felony and has been sentenced to death
or imprisonment at hard labor.
(3) The other spouse has abandoned the matrimonial domicile for a period
of one year and constantly refuses to return.
(4) The other spouse has physically or sexually abused the spouse seeking
the divorce or a child of one of the spouses.
(5) The spouses have been living separate and apart continuously without
reconciliation for a period of two years.
(6) On account of habitual intemperance of the other spouse, or excesses,
cruel treatment, or outrages of the other spouse, if such habitual intemperance,
or such ill-treatment is of such a nature as to render their living together
insupportable.
308. Separation from bed and board in covenant marriage; suit against spouse;
jurisdiction, procedure, and incidental relief
A. Unless judicially separated, spouses in a covenant marriage may not sue
each other except for causes of action pertaining to contracts or arising
out of the provisions of Book III, Title VI of the Civil Code; for restitution
of separate property; for separation from bed and board in covenant marriages,
for divorce, or for declaration of nullity of the marriage; and for causes
of action pertaining to spousal support or the support or custody of a child
while the spouses are living separate and apart, although not judicially
separated.
B.(1) Any court which is competent to preside over divorce proceedings,
including the family court for the parish of East Baton Rouge, has jurisdiction
of an action for separation from bed and board in a covenant marriage, if:
(a) One or both of the spouses are domiciled in this state and the ground
therefor was committed or occurred in this state or while the matrimonial
domicile was in this state.
(b) The ground therefor occurred elsewhere while either or both of the spouses
were domiciled elsewhere, provided the person obtaining the separation from
bed and board was domiciled in this state prior to the time the cause of
action accrued and is domiciled in this state at the time the action is
filed.
(2) An action for a separation from bed and board in a covenant marriage
shall be brought in a parish where either party is domiciled, or in the
parish of the last matrimonial domicile.
(3) The venue provided herein may not be waived, and a judgment of separation
rendered by a court of improper venue is an absolute nullity.
C. Judgments on the pleadings and summary judgments shall not be granted
in any action for separation from bed and board in a covenant marriage.
D. In a proceeding for a separation from bed and board in a covenant marriage
or thereafter, a court may award a spouse all incidental relief afforded
in a proceeding for divorce, including but not limited to spousal support,
claims for contributions to education, child custody, visitation rights,
child support, injunctive relief and possession and use of a family residence
or community movables or immovables.
309. Separation from bed and board in a covenant marriage; effects
A.(1) Separation from bed and board in a covenant marriage does not dissolve
the bond of matrimony, since the separated husband and wife are not at liberty
to marry again; but it puts an end to their conjugal cohabitation, and to
the common concerns, which existed between them.
(2) Spouses who are judicially separated from bed and board in a covenant
marriage shall retain that status until either reconciliation or divorce.
B.(1) The judgment of separation from bed and board carries with it the
separation of goods and effects and is retroactive to the date on which
the original petition was filed in the action in which the judgment is rendered,
but such retroactive effect shall be without prejudice (a) to the liability
of the community for the attorney fees and costs incurred by the spouses
in the action in which the judgment is rendered, or (b) to rights validly
acquired in the interim between commencement of the action and recordation
of the judgment.
(2) Upon reconciliation of the spouses, the community shall be reestablished
between the spouses, as of the date of filing of the original petition in
the action in which the judgment was rendered, unless the spouses execute
prior to the reconciliation a matrimonial agreement that the community shall
not be reestablished upon reconciliation. This matrimonial agreement shall
not require court approval.
(3) Reestablishment of the community under the provisions of this Section
shall be effective toward third persons only upon filing notice of the reestablishment
for registry in accordance with the provisions of Civil Code Article 2332.
The reestablishment of the community shall not prejudice the rights of third
persons validly acquired prior to filing notice of the reestablishment nor
shall it affect a prior community property partition between the spouses.
Section 5. The office of attorney general, Department of Justice shall,
prior to August 15, 1997, promulgate an informational pamphlet, entitled
"Covenant Marriage Act", which shall outline in sufficient detail
the consequences of entering into a covenant marriage. The informational
pamphlet shall be made available to any counselor who provides marriage
counseling as provided for by this Act.
Section 6. The provisions of Section 5 of this Act shall become effective
upon signature by the governor or, if not signed by the governor, upon expiration
of the time for bills to become law without signature by the governor, as
provided in Article III, Section 18 of the Constitution of Louisiana. If
vetoed by the governor and subsequently approved by the legislature, this
Act shall become effective on the day following such approval.
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