Text of LA HB 738 (2014)

HLS 14RS-39 ORIGINAL Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 738 BY REPRESENTATIVE NANCY LANDRY MARRIAGE: Provides relative to notice of certain expenses under the Covenant of Marriage Act AN ACT 1 To amend and reenact R.S. 9:273(A)(1) and (2)(a), 273.1, 275(C)(1)(a) and (b)(i), and 2 275.1, relative to covenant marriages; to provide for notice of certain expenses; and 3 to provide for related matters. 4 Be it enacted by the Legislature of Louisiana: 5 Section 1. R.S. 9:273(A)(1) and (2)(a), 273.1, 275(C)(1)(a) and (b)(i), and 275.1 are 6 hereby amended and reenacted to read as follows: 7 §273. Covenant marriage; contents of declaration of intent 8 A. A declaration of intent to contract a covenant marriage shall contain all 9 of the following: 10 (1) A recitation signed by both parties to the following effect: 11 "A COVENANT MARRIAGE 12 We do solemnly declare that marriage is a covenant between a man and a 13 woman who agree to live together as husband and wife for so long as they both may 14 live. We have chosen each other carefully and disclosed to one another everything 15 which could adversely affect the decision to enter into this marriage. We have 16 received premarital counseling at our own expense on the nature, purposes, and 17 responsibilities of marriage. We have read the Covenant Marriage Act, and we 18 understand that a Covenant Marriage is for life. If we experience marital difficulties, 19 we commit ourselves to take all reasonable efforts to preserve our marriage, 20 HLS 14RS-39 ORIGINAL HB NO. 738 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. including marital counseling at our own expense, and understand that additional legal 1 counseling may be required in order to obtain a divorce. 2 With full knowledge of what this commitment means, we do hereby declare 3 that our marriage will be bound by Louisiana law on Covenant Marriages and we 4 promise to love, honor, and care for one another as husband and wife for the rest of 5 our lives." 6 (2)(a) An affidavit by the parties attesting they have received premarital 7 counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, 8 any clergyman of any religious sect, or a professional marriage counselor, which 9 counseling shall include a discussion of the seriousness of covenant marriage, 10 communication of the fact that a covenant marriage is a commitment for life, a 11 discussion of the obligation to seek marital counseling in times of marital difficulties, 12 the necessity of payment for the required marital counseling and probable legal 13 counseling, and that they have received and read the informational pamphlet 14 developed and promulgated by the office of the attorney general entitled "Covenant 15 Marriage Act" which provides a full explanation of the terms, expenses, and 16 conditions of a covenant marriage. 17 * * * 18 §273.1. Declaration of intent; form 19 A. The following is suggested as a form for the recitation which may be used 20 by the couple: 21 "DECLARATION OF INTENT 22 We do solemnly declare that marriage is a covenant between a man and a 23 woman who agree to live together as husband and wife for so long as they both may 24 live. We have chosen each other carefully and disclosed to one another everything 25 which could adversely affect the decision to enter this marriage. We have received 26 premarital counseling at our own expense on the nature, purposes, and 27 responsibilities of marriage. We have read the Covenant Marriage Act, and we 28 understand that a Covenant Marriage is for life. If we experience marital difficulties, 29 HLS 14RS-39 ORIGINAL HB NO. 738 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. we commit ourselves to take all reasonable efforts to preserve our marriage, 1 including marital counseling at our own expense, and we further understand that 2 additional legal counseling may be required in order to obtain a divorce under the 3 Covenant Marriage Act. 4 With full knowledge of what this commitment means, we do hereby declare 5 that our marriage will be bound by Louisiana law on Covenant Marriages and we 6 promise to love, honor, and care for one another as husband and wife for the rest of 7 our lives." 8 B. The following is the suggested form of the affidavit which may be used 9 by the parties, notary, and counselor: 10 STATE OF LOUISIANA 11 PARISH OF 12 BE IT KNOWN THAT on this ___ day of _______ , _____, before me the 13 undersigned notary, personally came and appeared: 14 _____________________________________________________________ 15 (Insert names of the prospective spouses) 16 who after being duly sworn by me, Notary, deposed and stated that: 17 Affiants acknowledge that they have received premarital counseling from a 18 priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman of 19 any religious sect, or a professional marriage counselor, which marriage counseling 20 included: 21 A discussion of the seriousness of Covenant Marriage; 22 Communication of the fact that a Covenant Marriage is a commitment for 23 life; 24 The obligation of a Covenant Marriage to take reasonable efforts to preserve 25 the marriage if marital difficulties arise; 26 The costs that will be incurred from mandatory marital counseling and 27 probable legal counseling required in order to obtain a divorce under the Covenant 28 Marriage Act, and 29 HLS 14RS-39 ORIGINAL HB NO. 738 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. That the affiants both read the pamphlet entitled "The Covenant Marriage 1 Act" developed and promulgated by the office of the attorney general, which 2 provides a full explanation of a Covenant Marriage, including the obligation to seek 3 and pay for marital counseling in times of marital difficulties and the exclusive 4 grounds and expenses that will and may be incurred for legally terminating a 5 Covenant Marriage by divorce or divorce after a judgment of separation from bed 6 or board. 7 _________________________ 8 (Name of prospective spouse) 9 _________________________ 10 (Name of prospective spouse) 11 SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF 12 ____________, ________. 13 ________________________________ 14 NOTARY PUBLIC 15 ATTESTATION 16 The undersigned does hereby attest that the affiants did receive counseling 17 from me as to the nature and purpose of marriage, which included a discussion of the 18 seriousness of Covenant Marriage, communication of the fact that a Covenant 19 Marriage is for life, and the obligation of a Covenant Marriage to take reasonable 20 efforts to preserve the marriage if marital difficulties arise, and the extra expenses 21 that will and may be incurred should the affiants seek a divorce under the Covenant 22 Marriage Act. 23 _______________________________ 24 Counselor 25 * * * 26 §275. Covenant marriage; applicability to already married couples 27 * * * 28 HLS 14RS-39 ORIGINAL HB NO. 738 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C.(1) A declaration of intent to designate a marriage as a covenant marriage 1 shall contain all of the following: 2 (a) A recitation signed by both parties to the following effect: 3 "A COVENANT MARRIAGE 4 We do solemnly declare that marriage is a covenant between a man and a 5 woman who agree to live together as husband and wife for so long as they both may 6 live. We understand the nature, purpose, and responsibilities of marriage. We have 7 read the Covenant Marriage Act, and we understand that a Covenant Marriage is for 8 life. If we experience marital difficulties, we commit ourselves to take all reasonable 9 efforts to preserve our marriage, including marital counseling at our own expense, 10 and we understand that additional legal counseling may be required in order to obtain 11 a divorce. 12 With full knowledge of what this commitment means, we do hereby declare 13 that our marriage will be bound by Louisiana law on Covenant Marriage, and we 14 renew our promise to love, honor, and care for one another as husband and wife for 15 the rest of our lives." 16 (b)(i) An affidavit by the parties that they have discussed their intent to 17 designate their marriage as a covenant marriage with a priest, minister, rabbi, clerk 18 of the Religious Society of Friends, any clergyman of any religious sect, or a 19 professional marriage counselor, which included a discussion of the obligation to 20 seek marital counseling in times of marital difficulties, the necessity of payment for 21 the required marital counseling and probable legal counseling, and that they have 22 received and read the informational pamphlet developed and promulgated by the 23 office of the attorney general entitled "Covenant Marriage Act" which provides a full 24 explanation of the terms, expenses, and conditions of a Covenant Marriage. 25 * * * 26 HLS 14RS-39 ORIGINAL HB NO. 738 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §275.1. Declaration of intent; married couples; form 1 A. The following is suggested as a form for the recitation which may be used 2 by the couple: 3 "DECLARATION OF INTENT 4 We do solemnly declare that marriage is a covenant between a man and a 5 woman who agree to live together as husband and wife for so long as they both may 6 live. We understand the nature, purpose, and responsibilities of marriage. We have 7 read the Covenant Marriage Act, and we understand that a Covenant Marriage is for 8 life. If we experience marital difficulties, we commit ourselves to take reasonable 9 efforts to preserve our marriage, including marital counseling, and we further 10 understand the stringent requirements and expenses involved in obtaining a divorce 11 under the Covenant Marriage Act. 12 With full knowledge of what this commitment means, we do hereby declare 13 that our marriage will be bound by Louisiana law on Covenant Marriage, and we 14 renew our promise to love, honor, and care for one another as husband and wife for 15 the rest of our lives." 16 B. The following is the suggested form of the affidavit which may be used 17 by the parties, notary, and counselor: 18 STATE OF LOUISIANA 19 PARISH OF _________________ 20 BE IT KNOWN THAT on this ____ day of ________, ________, before me 21 the undersigned notary, personally came and appeared: 22 ____________________________________ 23 (Insert names of spouses) 24 who after being sworn by me, Notary, deposed and stated that: 25 Affiants acknowledge that they have received counseling from a priest, 26 minister, rabbi, clerk of the Religious Society of Friends, any clergyman of any 27 religious sect, or a professional marriage counselor, which counseling included: 28 A discussion of the seriousness of Covenant Marriage; 29 HLS 14RS-39 ORIGINAL HB NO. 738 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Communication of the fact that a Covenant Marriage is a commitment for 1 life; 2 The obligation of a Covenant Marriage to take reasonable efforts to preserve 3 the marriage if marital difficulties arise; 4 The costs that will be incurred from mandatory marital counseling and 5 probable legal counseling required in order to obtain a divorce under the Covenant 6 Marriage Act, and 7 That the affiants both read the pamphlet entitled "The Covenant Marriage 8 Act" developed and promulgated by the office of the attorney general, which 9 provides a full explanation of a Covenant Marriage, including the obligation to seek 10 and pay for marital counseling in times of marital difficulties and the exclusive 11 grounds and expenses that will and may be incurred for legally terminating a 12 Covenant Marriage by divorce or divorce after a judgment of separation from bed 13 or board. 14 ____________________________ 15 (Name of Spouse) 16 ____________________________ 17 (Name of Spouse) 18 SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF 19 ___________, _______. 20 __________________________ 21 NOTARY PUBLIC 22 ATTESTATION 23 The undersigned does hereby attest that the affiants did receive counseling 24 from me as to the nature and purpose of marriage, which included a discussion of the 25 seriousness of Covenant Marriage, communication of the fact that a Covenant 26 Marriage is for life, and the obligation of a Covenant Marriage to take reasonable 27 efforts to preserve the marriage if marital difficulties arise, and the extra expenses 28 HLS 14RS-39 ORIGINAL HB NO. 738 Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. that will and may be incurred should the affiants seek a divorce under the Covenant 1 Marriage Act. 2 ________________________ 3 Counselor 4 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Nancy Landry HB No. 738 Abstract: Provides for required notification of expenses that will be incurred for required marital counseling and possible legal counseling in the process of obtaining a judgment of divorce or a judgment of separation of bed and board under the Covenant of Marriage Act. Present law provides for the Covenant Marriage Act which establishes special procedures in order to enter into a covenant marriage and to obtain a divorce under a covenant marriage. Present law provides for certain declarations and forms required to be used in a covenant marriage. Present law requires premarital counseling in order to enter into a covenant marriage and requires marriage counseling to attempt to resolve marital conflicts prior to obtaining a divorce or a judgment of separation from bed and board. Proposed law retains present law and further provides for required notice of expenses that will be incurred for required marital counseling and possible legal counseling in the process of obtaining a judgment of divorce or a judgment of separation of bed and board. (Amends R.S. 9:273(A)(1) and (2)(a), 273.1, 275(C)(1)(a) and (b)(i), and 275.1)