| HB 1106 - Covenant Marriage Act; enact |
First Reader Summary
A BILL to amend Chapter 3 of Title 19 of the Official Code of
Georgia Annotated, relating to marriage generally, so as to
provide for covenant marriage; and for other purposes.
HB 1106 LC 25 1454
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 3 of Title 19 of the Official Code of
1- 2 Georgia Annotated, relating to marriage generally, so as to
1- 3 provide for covenant marriage; to provide for a short title;
1- 4 to provide for definitions; to provide for procedures; to
1- 5 provide for conditions and limitations; to provide for
1- 6 duties and authority of the office of Attorney General; to
1- 7 provide effective dates; to repeal conflicting laws; and for
1- 8 other purposes.
1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-10 SECTION 1.
1-11 Chapter 3 of Title 19 of the Official Code of Georgia
1-12 Annotated, relating to marriage generally, is amended by
1-13 adding a new article at the end thereof, to be designated
1-14 Article 4, to read as follows:
1-15 19-3-80.
1-16 This article shall be known and may be cited as the
1-17 'Covenant Marriage Act.'
1-18 19-3-81.
1-19 As used in this article, the term 'authorized counseling'
1-20 means marital counseling provided by a priest, minister,
1-21 rabbi, clerk of the Society of Friends, any clergy member
1-22 of any religious sect, a marriage and family therapist
1-23 licensed under Chapter 10A of Title 43, a clinical social
1-24 worker or licensed professional counselor, or a
1-25 psychologist licensed under Chapter 39 of Title 43.
1-26 19-3-82.
1-27 (a) A covenant marriage is a marriage entered into by one
1-28 male and one female who understand and agree that the
1-29 marriage between them is a lifelong relationship. Parties
1-30 to a covenant marriage have received authorized counseling
1-31 emphasizing the nature and purposes of marriage and the
-1-
2- 1 responsibilities thereto. Only when there has been a
2- 2 complete and total breach of the marital covenant
2- 3 commitment may the nonbreaching party seek a declaration
2- 4 that the marriage is no longer legally recognized.
2- 5 (b) A man and woman may contract a covenant marriage by
2- 6 declaring their intent to do so on their application for a
2- 7 marriage license, as otherwise required under Article 2 of
2- 8 this chapter, and executing a declaration of intent to
2- 9 contract a covenant marriage as provided in Code Section
2-10 19-3-83. The application for a marriage license and the
2-11 declaration of intent shall be filed with the official who
2-12 issues the marriage license.
2-13 19-3-83.
2-14 (a) A declaration of intent to contract a covenant
2-15 marriage shall contain all of the following:
2-16 (1) A recitation by the parties to the following effect:
2-17 'A COVENANT MARRIAGE
2-18 We do solemnly declare that marriage is a covenant
2-19 between a man and a woman who agree to live together
2-20 as husband and wife for so long as they both may live.
2-21 We have chosen each other carefully and disclosed to
2-22 one another everything which could adversely affect
2-23 the decision to enter into this marriage. We have
2-24 received authorized counseling on the nature,
2-25 purposes, and responsibilities of marriage. We have
2-26 read the Covenant Marriage Act, and we understand that
2-27 a covenant marriage is for life. If we experience
2-28 marital difficulties, we commit ourselves to take all
2-29 reasonable efforts to preserve our marriage, including
2-30 marital counseling.
2-31 With full knowledge of what this commitment means, we
2-32 do hereby declare that our marriage will be bound by
2-33 Georgia law on covenant marriages and we promise to
2-34 love, honor, and care for one another as husband and
2-35 wife for the rest of our lives.';
2-36 (2)(A) An affidavit by the parties that they have
2-37 received authorized counseling which shall include a
2-38 discussion of the seriousness of covenant marriage,
2-39 communication of the fact that a covenant marriage is
2-40 a commitment for life, a discussion of the obligation
2-41 to seek marital counseling in times of marital
2-42 difficulties, and a discussion of the exclusive
-2-
3- 1 grounds for legally terminating a covenant marriage by
3- 2 divorce.
3- 3 (B) A notarized attestation, signed by the counselor
3- 4 and attached to or included in the parties' affidavit,
3- 5 confirming that the parties received authorized
3- 6 counseling as to the nature and purpose of the
3- 7 marriage and the grounds for termination thereof and
3- 8 an acknowledgment that the counselor provided to the
3- 9 parties the informational pamphlet developed and
3-10 promulgated by the office of the Attorney General
3-11 under this article, which pamphlet provides a full
3-12 explanation of the terms and conditions of a covenant
3-13 marriage; and
3-14 (3)(A) The signature of both parties witnessed by a
3-15 notary.
3-16 (B) If one or both of the parties are minors, the
3-17 written consent or authorization of those persons
3-18 required under this chapter to consent to or authorize
3-19 the marriage of minors.
3-20 (b) The declaration shall contain two separate documents,
3-21 the recitation and the affidavit, the latter of which
3-22 shall include the attestation either included therein or
3-23 attached thereto. The recitation shall be prepared in
3-24 duplicate originals, one of which shall be retained by the
3-25 parties and the other, together with the affidavit and
3-26 attestation, shall be filed as provided in subsection (b)
3-27 of Code Section 19-3-82.
3-28 19-3-84.
3-29 A covenant marriage shall be governed by all of the
3-30 provisions of this title, except as otherwise specifically
3-31 provided in this article.
3-32 19-3-85.
3-33 (a) On or after January 1, 2001, married couples with a
3-34 Georgia marriage license may execute a declaration of
3-35 intent to designate their marriage as a covenant marriage
3-36 to be governed by this article.
3-37 (b) This declaration of intent in the form and containing
3-38 the contents required by subsection (c) of this Code
3-39 section must be presented to the officer who issued the
3-40 couple's marriage license and with whom the couple's
3-41 marriage certificate is filed. The officer shall make a
-3-
4- 1 notation on the marriage certificate of the declaration of
4- 2 intent of a covenant marriage and attach a copy of the
4- 3 declaration to the certificate.
4- 4 (c)(1) A declaration of intent to designate a marriage
4- 5 as a covenant marriage shall contain all of the
4- 6 following:
4- 7 (A) A recitation by the parties to the following
4- 8 effect:
4- 9 'A COVENANT MARRIAGE
4-10 We do solemnly declare that marriage is a covenant
4-11 between a man and a woman who agree to live together
4-12 as husband and wife for so long as they both may
4-13 live. We understand the nature, purpose, and
4-14 responsibilities of marriage. We have read the
4-15 Covenant Marriage Act, and we understand that a
4-16 covenant marriage is for life. If we experience
4-17 marital difficulties, we commit ourselves to take
4-18 all reasonable efforts to preserve our marriage,
4-19 including marital counseling.
4-20 With full knowledge of what this commitment means,
4-21 we do hereby declare that our marriage will be bound
4-22 by Georgia law on covenant marriage, and we renew
4-23 our promise to love, honor, and care for one another
4-24 as husband and wife for the rest of our lives.'; and
4-25 (B)(i) An affidavit by the parties that they have
4-26 discussed their intent to designate their marriage
4-27 as a covenant marriage with an authorized counselor,
4-28 which included a discussion of the obligation to
4-29 seek marital counseling in times of marital
4-30 difficulties and the exclusive grounds for legally
4-31 terminating a covenant marriage by divorce.
4-32 (ii) A notarized attestation, signed by the
4-33 counselor and attached to the parties' affidavit,
4-34 acknowledging that the counselor provided to the
4-35 parties the information pamphlet developed and
4-36 promulgated by the office of the Attorney General
4-37 under this article, which pamphlet provides a full
4-38 explanation of the terms and conditions of a
4-39 covenant marriage.
4-40 (iii) The signature of both parties witnessed by a
4-41 notary.
-4-
5- 1 (2) The declaration shall contain two separate
5- 2 documents, the recitation and the affidavit, the latter
5- 3 of which shall include the attestation either included
5- 4 therein or attached thereto. The recitation shall be
5- 5 prepared in duplicate originals, one of which shall be
5- 6 retained by the parties and the other, together with the
5- 7 affidavit and attestation, shall be filed as provided in
5- 8 subsection (b) of this Code section.
5- 9 19-3-86.
5-10 (a) Notwithstanding any other law to the contrary and
5-11 subsequent to the parties obtaining authorized counseling,
5-12 a spouse to a covenant marriage may obtain a judgment of
5-13 divorce only upon proof of any of the following:
5-14 (1) The other spouse has committed adultery;
5-15 (2) The other spouse has committed a felony and has been
5-16 sentenced to death or imprisonment;
5-17 (3) The other spouse has abandoned the matrimonial
5-18 domicile for a period of one year and constantly refuses
5-19 to return;
5-20 (4) The other spouse has physically or sexually abused
5-21 the spouse seeking the divorce or a child of one of the
5-22 spouses; or
5-23 (5) The spouses have been living separate and apart
5-24 continuously without reconciliation for a period of one
5-25 year.
5-26 (b) No spouse shall be required to obtain or participate
5-27 in counseling as a condition of divorce pursuant to the
5-28 grounds set forth in paragraphs (2) and (4) of subsection
5-29 (a) of this Code section.
5-30 19-3-87.
5-31 In any case in which the parties are ineligible for a
5-32 decree of divorce due to their failure to satisfy the
5-33 requirements of Code Section 19-3-86, an action shall
5-34 nonetheless lie for spousal support, child support, child
5-35 custody, apportionment of debts, and possession of
5-36 separate and marital property.
5-37 19-3-88.
5-38 The office of Attorney General shall, prior to January 1,
5-39 2001, promulgate an informational pamphlet, entitled
5-40 'Covenant Marriage Act,' which shall outline in sufficient
-5-
6- 1 detail the consequences of entering into a covenant
6- 2 marriage. The informational pamphlet shall be made
6- 3 available to any counselor who provides authorized
6- 4 counseling as provided for by this article."
6- 5 SECTION 2.
6- 6 The provisions of this Act which require the Attorney
6- 7 General to prepare and make available an informational
6- 8 pamphlet relating to covenant marriage shall become
6- 9 effective upon approval of this Act by the Governor or upon
6-10 its becoming law without such approval. The remaining
6-11 provisions of this Act shall become effective January 1,
6-12 2001.
6-13 SECTION 3.
6-14 All laws and parts of laws in conflict with this Act are
6-15 repealed.
-6-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 12/28/99
