Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 527 3
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By: Senator K. Hammer 5
By: Representative C. Cooper 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE COVENANT MARRIAGE AC T OF 2001; TO 9
REQUIRE CLERKS TO PR OVIDE ADDITIONAL INF ORMATION 10
REGARDING COVENANT M ARRIAGES TO A MARRIA GE LICENSE 11
APPLICANT; TO IMPOSE ADDITIONAL REQUIREME NTS FOR 12
ENTERING INTO AND DI SSOLVING A COVENANT MARRIAGE; AND 13
FOR OTHER PURPOSES. 14
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Subtitle 17
TO IMPOSE ADDITIONAL REQUIREMENTS FOR 18
ENTERING INTO AND DISSOLVING A COVENANT 19
MARRIAGE. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 9 -11-203, concerning the issuance of 25
marriage licenses, is amended to add an additional subsection to read as 26
follows: 27
(e) A clerk who is required to furnish a marriage license under this 28
section shall provide: 29
(1) A current copy of the Covenant Marriage Act of 2001, § 9-11-30
801 et seq., to a person who inquires about a covenant marriage license; and 31
(2) Information about a covenant marriage on the clerk's 32
website, if the clerk has a website. 33
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SECTION 2. Arkansas Code § 9 -11-802 is amended to read as follows: 35
9-11-802. Definitions. 36 SB527
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As used in this subchapter: 1
(1) “Authorized counseling counselor” means a person providing 2
premarital or marital counseling provided by who is one (1) of the following: 3
(A) A priest; 4
(B) A minister; 5
(C) A rabbi; 6
(D) A clerk of the Religious Society of Friends; 7
(E) Any clergy member of any religious sect or a 8
designated representative; 9
(F) A marriage educator approved by the person who will 10
perform the marriage ceremony; or 11
(G) As defined by in § 17-27-102: 12
(i) A licensed professional counselor; 13
(ii) A licensed associate counselor; 14
(iii) A licensed marriage and family therapist; 15
(iv) A licensed clinical psychologist; or 16
(v) A licensed associate marriage and family 17
therapist; and or 18
(H) A certified biblical counselor; 19
(2) "Certified biblical counselor" means a person who: 20
(A) Is certified by a biblical counseling association that 21
provides accreditation or certification services; and 22
(B) Uses only biblical scripture to provide counseling to 23
individuals or couples; 24
(3) “Judicial separation” means a judicial proceeding pursuant 25
to under § 9-11-809 that results in a court determination that the parties to 26
a covenant marriage live separate and apart.; 27
(4) "Marital counseling" means counseling provided by an 28
authorized counselor to a couple in a covenant marriage that serves to 29
describe, evaluate, and modify the couple's intrapersonal and interpersonal 30
behavior within the context of the couple's covenant marriage; and 31
(5) "Premarital counseling" means counseling provided by an 32
authorized counselor to a couple before a couple enters into a covenant 33
marriage that serves to develop an understanding of the nature, purposes, and 34
responsibilities associated with a covenant marriage. 35
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SECTION 3. Arkansas Code § 9 -11-803(a), concerning the description of 1
a covenant marriage, is amended to read as follows: 2
(a)(1) A covenant marriage is a marriage entered into by one (1) male 3
and one (1) female who understand and agree that the marriage between them is 4
a lifelong relationship. 5
(2) Parties to a covenant marriage will have received authorized 6
counseling emphasizing the nature, purposes, and responsibilities of marriage 7
premarital counseling as described under § 9-11-812 before entering into the 8
covenant marriage. 9
(3)(A) Only when there has been a complete and total breach of 10
the marital covenant commitment may a party seek a declaration that the 11
marriage is no longer legally recognized. 12
(B) If a party to a covenant marriage seeks a divorce or a 13
judicial separation, the party shall attach to his or her initial pleading an 14
attestation signed by the authorized counselor who provided premarital 15
counseling or the authorized counselor who provided marital counseling, or 16
both, that: 17
(i) The parties completed the number of premarital 18
counseling and marital counseling sessions required under § 9-11-812; and 19
(ii) The authorized counselor who provided 20
premarital counseling discussed the topics required under § 9-11-812 with the 21
parties in their premarital counseling sessions. 22
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SECTION 4. Arkansas Code § 9 -11-804 is amended to read as follows: 24
9-11-804. Content of declaration of intent. 25
(a) A declaration of intent to contract a covenant marriage shall 26
contain all of the following: 27
(1) A recitation signed by both parties to the following effect: 28
“A COVENANT MARRIAGE 29
We do solemnly declare that marriage is a covenant between a man 30
and a woman who agree to live together as husband and wife for so long as 31
they both may live. We have chosen each other carefully and disclosed to one 32
another everything which could adversely affect the decision to enter into 33
this marriage. We have received authorized counseling premarital counseling 34
on the nature, purposes, and responsibilities of marriage. We have read the 35
Covenant Marriage Act of 2001, and we understand that a covenant marriage is 36 SB527
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for life. If we experience marital difficulties, we commit ourselves to take 1
all reasonable efforts to preserve our marriage, including marital 2
counseling. 3
With full knowledge of what this commitment means, we do hereby 4
declare that our marriage will be bound by Arkansas law on covenant 5
marriages, and we promise to love, honor, and care for one another as husband 6
and wife for the rest of our lives.”; 7
(2) An affidavit by the parties that they have received 8
authorized premarital counseling that shall include a discussion of the 9
seriousness of covenant marriage, communication of the fact that a covenant 10
marriage is a commitment for life, a discussion of the obligation to seek 11
marital counseling in times of marital difficulties, and a discussion of the 12
exclusive grounds for legally terminating a covenant marriage by divorce; 13
(3) An attestation, signed by the authorized counselor and 14
attached to or included in the parties' affidavit, confirming that the 15
parties received authorized premarital counseling as to the nature and 16
purpose of the marriage and the grounds for termination of the marriage and 17
an acknowledgment that the authorized counselor: 18
(A) Provided to the parties the informational pamphlet 19
developed and promulgated by the Administrative Office of the Courts under 20
this subchapter that provides a full explanation of the terms and conditions 21
of a covenant marriage; 22
(B) Provided a minimum of four (4) premarital counseling 23
sessions to the couple; and 24
(C) Discussed the topics required under § 9-11-812 with 25
the parties in their premarital counseling sessions; and 26
(4)(A) The signature of both parties witnessed by a notary. 27
(B) If one (1) of the parties is a minor, or both are 28
minors, the written consent or authorization of those persons required under 29
this chapter to consent to or authorize the marriage of minors. 30
(b) The declaration shall consist of two (2) separate documents: 31
(1) The recitation as set out in subdivision (a)(1) of this 32
section; and 33
(2) The affidavit with the attestation either included within or 34
attached to the document. 35
(c) The recitation, affidavit, and attestation shall be filed as 36 SB527
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provided in § 9-11-803(b). 1
(d) A clerk required to issue a marriage license under § 9-11-203 2
shall: 3
(1) Ask an applicant for a covenant marriage license for a copy 4
of the attestation described in subdivision (a)(3) of this section; and 5
(2) Keep a copy of the attestation described in subdivision 6
(a)(3) of this section that is provided by the applicant. 7
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SECTION 5. Arkansas Code § 9 -11-808 is amended to read as follows: 9
9-11-808. Divorce or separation. 10
(a) Notwithstanding any other law to the contrary and subsequent to 11
the parties' obtaining authorized marital counseling, a spouse to a covenant 12
marriage may obtain a judgment of divorce only upon proof of any of the 13
following: 14
(1) The other spouse has committed adultery; 15
(2) The other spouse has committed a felony or other infamous 16
crime; 17
(3) The other spouse has physically or sexually abused the 18
spouse seeking the divorce or a child of one (1) of the spouses; 19
(4) The spouses have been living separate and apart continuously 20
without reconciliation for a period of two (2) years; or 21
(5)(A) The spouses have been living separate and apart 22
continuously without reconciliation for a period of two (2) years from the 23
date the judgment of judicial separation was signed. 24
(B)(i) If there is a minor child or children of the 25
marriage, the spouses have been living separate and apart continuously 26
without reconciliation for a period of two (2) years and six (6) months from 27
the date the judgment of judicial separation was signed. 28
(ii) However, if abuse of a child of the marriage or 29
a child of one (1) of the spouses is the basis for which the judgment of 30
judicial separation was obtained, then a judgment of divorce may be obtained 31
if the spouses have been living separate and apart continuously without 32
reconciliation for a period of one (1) year from the date the judgment of 33
judicial separation was signed. 34
(b) Notwithstanding any other law to the contrary and subsequent to 35
the parties' obtaining authorized marital counseling, a spouse to a covenant 36 SB527
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marriage may obtain a judgment of judicial separation only upon proof of any 1
of the following: 2
(1) The other spouse has committed adultery; 3
(2) The other spouse has committed a felony and has been 4
sentenced to death or imprisonment; 5
(3) The other spouse has physically or sexually abused the 6
spouse seeking the legal separation or divorce or a child of one (1) of the 7
spouses; 8
(4) The spouses have been living separate and apart continuously 9
without reconciliation for a period of two (2) years; or 10
(5) The other spouse shall: 11
(A) Be Is addicted to habitual drunkenness or habitual 12
substance abuse for at least one (1) year; 13
(B) Be Is guilty of such cruel and barbarous treatment as 14
to endanger the life of the other; or 15
(C) Offer Offers such indignities to the person of the 16
other as shall sufficient to render his or her condition intolerable. 17
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SECTION 6. Arkansas Code § 9-11-811(b), concerning informational 19
pamphlets to be provided in accordance with the Covenant Marriage Act of 20
2001, is amended to read as follows: 21
(b) The informational pamphlet shall be made available to any 22
authorized counselor who provides authorized premarital or marital counseling 23
as provided for by this subchapter. 24
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SECTION 7. Arkansas Code Title 9, Chapter 11, Subchapter 8, is amended 26
to add an additional section to read as follows: 27
9-11-812. Premarital counseling and marital counseling — 28
Requirements. 29
(a) Premarital counseling shall: 30
(1) Be provided for a minimum of four (4) sessions; and 31
(2) Involve discussion between the authorized counselor and the 32
couple of topics related to covenant marriage, including without limitation: 33
(A) The description of covenant marriage as described in § 34
9-11-803; 35
(B) The significance of commitment to a covenant marriage; 36 SB527
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(C) Each spouse's role in the covenant marriage; and 1
(D) The effects of a covenant marriage on the couple's 2
children and families, including its effects on future children if the couple 3
decides to conceive or adopt children together. 4
(b) If marital problems arise during a covenant marriage, the parties 5
to the covenant marriage shall seek marital counseling to attempt to resolve 6
the problems before seeking a divorce or a judicial separation. 7
(c) Marital counseling shall: 8
(1) Be provided for a minimum of four (4) sessions; and 9
(2) Serve to describe, evaluate, and modify the couple's 10
intrapersonal and interpersonal behavior within the context of the couple's 11
covenant marriage. 12
(d) If a party to a covenant marriage seeks a divorce or a judicial 13
separation, the party shall attach to his or her initial pleading an 14
attestation signed by the authorized counselor who provided premarital 15
counseling or the authorized counselor who provided marital counseling, or 16
both, that: 17
(1) The parties completed the number of premarital counseling 18
and marital counseling sessions required under this section; and 19
(2) The authorized counselor who provided premarital counseling 20
discussed the topics required under this section with the parties in their 21
premarital counseling sessions. 22
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