§ 9-11-807 — Applicability to already married couples

(a) A married couple, upon submission of a copy of their marriage certificate, which need not be certified, may execute a declaration of intent to designate their marriage as a covenant marriage to be governed by this subchapter. (b) This declaration of intent in the form and containing the contents required by subsection (c) of this section must be filed with the officer who issues marriage licenses in the county in which the couple is domiciled. (c) (1) A declaration of intent to redesignate a marriage as a covenant marriage shall contain all of the following: (A) A recitation by the parties as set out in § 9-11-804 ; (B) An affidavit by the parties as set out in § 9-11-805 that they have discussed their intent to designate their marriage as a covenant marriage with an authorized counselor that 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; (C) An attestation signed by the counselor and attached to the parties' affidavit acknowledging that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and (D) The signature of both parties witnessed by a notary. (2) (A) The declaration shall contain two (2) separate documents: (i) The recitation; and (ii) The affidavit with the attestation either included within or attached to the document. (B) The recitation, affidavit, and attestation shall be filed as provided in subsection (b) of this section.

Legislative History

Acts 2001, No. 1486, § 5