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Louisiana's Covenant Marriage SUBPART E. SUMMARY OF MATRIMONIAL REGIMES LAWS §237. Information on matrimonial regime and covenant marriage laws; printed summary A. On receiving an application for a license to marry, the license-issuing officer shall deliver to each prospective spouse, either in person or by registered mail, a printed summary of the then current matrimonial regime laws of this state and the covenant marriage law of this state. These summaries shall be prepared by the attorney general of this state. * * * C. The summary of covenant marriage law shall emphasize that premarital counseling is mandatory at which time the necessary documents consisting of the declaration of intent and the affidavit and attestation of the counselor shall be executed, that the couple agrees to take all reasonable steps to preserve their marriage if marital difficulties arise, including marriage counseling, that divorce in a covenant marriage is restricted to fault by a spouse and living separate and apart for two years as provided in R.S. 9:307, and that divorce under the general marriage law of this state differs significantly.
PART VII. COVENANT MARRIAGE [tk is this indeed part VII?] §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 signed by both parties to the following effect: "A COVENANT MARRIAGE" "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 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 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 attesting 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 professional 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 that they have received and read the informational pamphlet developed and promulgated by the office of the attorney general entitled "Covenant Marriage Act," which provides a full explanation of the terms and conditions of a covenant marriage. (b) An 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. (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). §273.1. Declaration of intent; form A. The following is suggested as a form for the recitation which may be used by the couple: "DECLARATION OF INTENT" "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 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 marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling." §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 this Title. General rules governing all marriages. §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, which need not be certified, 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 signed by both parties to the following effect: "A COVENANT MARRIAGE" "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 professional marriage counselor, which included a discussion of the obligation to seek marital counseling in times of marital difficulties, and that they have received and read the informational pamphlet developed and promulgated by the office of the attorney general entitled "Covenant Marriage Act," which provides a full explanation of the terms and conditions of a Covenant Marriage. (ii) An attestation signed by the counselor confirming that the parties were counseled as to the nature and purpose of the 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. §275.1. Declaration of intent; married couples; form A. The following is suggested as a form for the recitation which may be used by the couple: "DECLARATION OF INTENT" "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 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. The following is the suggested form of the affidavit which may be used by the parties, notary, and counselor: STATE OF LOUISIANA PARISH OF _________________ BE IT KNOWN THAT on this ____ day of ________, ________, before me the undersigned notary, personally came and appeared: _________________________________________ who after being sworn by me, Notary, deposed and stated that: Affiants acknowledge that they have received counseling from a priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman of any religious sect, or a professional marriage counselor, which counseling included: A discussion of the seriousness of Covenant Marriage; Communication of the fact that a Covenant Marriage is a commitment for life; The obligation of a Covenant Marriage to take reasonable efforts to preserve the marriage if marital difficulties arise; and That the affiants both read the pamphlet entitled "The Covenant Marriage Act," developed and promulgated by the office of the attorney general, which provides a full explanation of a Covenant Marriage, including the obligation to seek marital counseling in times of marital difficulties and the exclusive grounds for legally terminating a Covenant Marriage by divorce or divorce after a judgment of separation from bed or board. ____________________________ ____________________________ SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF ___________, _______. __________________________ ATTESTATION The undersigned does hereby attest that the affiants did receive counseling from me as to the nature and purpose of marriage, which included a discussion of the seriousness of Covenant Marriage, communication of the fact that a Covenant Marriage is for life, and the obligation of a Covenant Marriage to take reasonable efforts to preserve the marriage if marital difficulties arise. ________________________
§276. Limitation of liability; pastoral counselor A. No person shall have a cause of action against any priest, minister, rabbi, clerk of religious society of friends, or any clergyman of any religious sect, for any action taken or statement made in adherence with the provisions for counseling as provided for in this Part. B. The immunity from liability provided for in Subsection A of this Section, shall not apply to any action or statement by such priest, minister, rabbi, clerk of Religious Society of Friends, or any clergyman of any religious sect, if such action or statement was maliciously, willfully, and deliberately intended to cause harm to, or harass or intimidate those seeking such counseling. PART II. SPECIAL INCIDENTS AND EFFECTS OF COVENANT
MARRIAGE §293. Law applicable to spouses in covenant marriage Spouses in a covenant marriage are subject to all of the laws governing married couples generally and to the special rules governing covenant marriage. §294. Covenant spouses' love, respect, and community Spouses owe each other love and respect and they commit to a community of living. Each spouse should attend to the satisfaction of the other's needs. §295. Covenant spouses' obligation to live together Spouses are bound to live together, unless there is good cause otherwise. The spouses determine the family residence by mutual consent, according to their requirements and those of the family. §296. Right and duty of covenant spouses to manage household The management of the household shall be the right and the duty of both spouses. §297. Decision-making in interest of family Spouses by mutual consent after collaboration shall make decisions relating to family life in the best interest of the family. §298. Obligations to children of the marriage The spouses are bound to maintain, to teach, and to educate their children born of the marriage in accordance with their capacities, natural inclinations, and aspirations, and shall prepare them for their future. Letter from Steven L. Nock to Katherine S. Spaht (May
4, 2004) (citations omitted): Katherine S. Spaht Dear Katherine, I am pleased to see the provisions of House Bill No. 252 [R.S. 9:294-98] and would like to offer some comments about how they reflect many of the findings from our ongoing research with both covenant and standard couples in Louisiana. You have my permission to introduce the following comments in the record as testimony before the Senate Committee on Judiciary A. I am currently a Professor of Sociology at the University of Virginia where I have taught since 1978. I teach both undergraduate and graduate courses in Research Methods, Statistics, The Family, and Family Policy. I am co-founder of the Center for Children, Families, and the Law at the University of Virginia, a multi-disciplinary center to foster collaborative research and teaching on issues involving children and families. My research focuses primarily on households and families. I am concerned with the causes and consequences of changes in family organization and structure. Thus, I have investigated marriage, divorce, and cohabitation by focusing on the factors that lead individuals into these statuses and the consequences of entering them. I am the author of 6 books and over 70 articles and chapters. I am also Director of the Marriage Matters Project, which is a five-year research effort supported by the National Science Foundation and the Smith Richardson Foundation. This research investigates the legal innovation known as Covenant Marriage in Louisiana. It is a quantitative effort involving approximately 1,200 individuals (600 in each type of marriage) interviewed repeatedly over the course of five years. This project began in 1999 and is now approaching completion. We selected a scientific sample of approximately 600 newly married couples from parish records. Half were in covenant marriages. Each partner in each couple was interviewed three times over the past five years. This research has allowed us to examine the differences and similarities among covenant and standard couples. We have been able to identify factors associated with the decisions about which type of marriage to have. We have also been able to track the trajectories of individuals and couples over time, as jobs come and go, children arrive or depart, and marriages end or reconcile. It is this study from which I draw the following general points. Here I summarize basic findings from our work over the past five years. Throughout, I distinguish between couples in covenant marriages and those in standard (non-covenant) marriages. The primary sources and documentation are found in the footnote. § 294. Covenant spouses' love, respect, and community. Spouses owe each other love and respect and they commit to a community of living. Each spouse should attend to the satisfaction of the other's needs. Our work has documented the significantly higher levels of affection, sharing, commitment, agreement, and love among covenant couples. This greater quality of the marriage is bolstered by greater involvement with family and friends. Indeed, covenant couples are more likely to seek and receive help and counsel from both family members and friends. Both covenant wives and husbands have reported, repeatedly, that there is greater mutual respect and trust than is found among comparable standard marriages Finally, covenant couples rely on more productive (less damaging) strategies for resolving conflicts that arise in their marriages. § 295. Covenant spouses' obligation to live together. Spouses are bound to live together, unless there is good cause otherwise. The spouses determine the family residence by mutual consent, according to their requirements and those of the family. On a long list of potential sources or problems in a marriage, covenant partners regularly report higher levels of agreement on most mundane issues of life. These include matters of type of work (employment), balancing competing demands of work and family, and raising children. In short, there is a higher degree of mutual agreement (consent) among covenant than standard couples. § 296. Right and duty of covenant spouses to manage household. The management of the household shall be the right and duty of both spouses. One of our most compelling findings relates to the greater degree of equity (fairness) found among covenant husbands and wives. In many matters, especially those relating to the allocation of household tasks, covenant partners describe their arrangement as fair and equitable. We distinguish between strict equality (each partner does the same thing) and equity (each partner does what is deemed fair) in all of our work. The division of tasks in any household is a complex, negotiated matter. In covenant marriages, we believe, a guiding principle (the centrality of the marriage, per se) provides a rationale for the fair division of tasks. This means that covenant couples endorse somewhat more traditional views about the proper responsibilities of husbands and wives. But unlike standard couples, such gendered distinctions are valued and do not become sources of conflict and tension. In some of our work, we have described the ways that covenant couples manage to resolve these prosaic problems as "intimate equity," by which we meant the joint commitment to a model of stable marriage that produces the sense of fairness and justice. § 297. Decision-making in interest of family. Spouses by mutual consent after collaboration shall make decisions relating to family life in the best interest of the family. As already noted, our work has documented the greater extent of agreement and discussion among covenant couples in many matters of family decision-making. The relative (compared with standard couples) absence of conflict over decisions, and the greater reliance on effective conflict-resolution strategies when disagreements arise are both part of the reason we find such higher agreement among covenant couples. § 298. Obligations to children of the marriage. The spouses are bound to maintain, to teach, and to educate their children born of the marriage in accordance with their capacities, natural inclinations, and aspirations, and shall prepare them for their future. Our work was not designed to investigate the welfare of children. At the same time, we are concerned to investigate the role children play in the lives of couples. Covenant couples are much less likely to have children from prior relationships (earlier marriages or relationships). As a result, there are relatively fewer stepchildren in covenant marriages. This results in lower levels of conflict and problems that are known to arise in blending (step) families. More generally, covenant couples are more likely to discuss and agree about most matters of family life. This includes, of course, how to rear their children. I wanted to share these simple findings because they appear to have bearing on the provisions of House Bill 252. I also want to thank you for your help in our research. If I can give you any additional information from our project, please do not hesitate to contact me. Sincerely yours, §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. C. The counseling referenced in Subsections A and B of this Section, or other such reasonable steps taken by the spouses to preserve the marriage, as required by the Declaration of Intent signed by the spouses, shall occur once the parties experience marital difficulties. If the spouses begin living separate and apart, the counseling or other intervention should continue until the rendition of a judgment of divorce. D. Notwithstanding the provisions of Subsection C of this Section, the counseling referenced in Subsections A and B of this Section shall not apply when the other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses. §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 therefore was committed or occurred in this state or while the matrimonial domicile was in this state. (b) The ground therefore 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 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 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.
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