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 ACT1
To amend and reenact R.S. 9:273(A)(1) and (2)(a), 273.1, 275(C)(1)(a) and (b)(i), and2
275.1, relative to covenant marriages; to provide for notice of certain expenses; and3
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 are6
hereby amended and reenacted to read as follows: 7
§273. Covenant marriage; contents of declaration of intent8
A. A declaration of intent to contract a covenant marriage shall contain all9
of the following:10
(1) A recitation signed by both parties to the following effect:11
"A COVENANT MARRIAGE12
We do solemnly declare that marriage is a covenant between a man and a13
woman who agree to live together as husband and wife for so long as they both may14
live. We have chosen each other carefully and disclosed to one another everything15
which could adversely affect the decision to enter into this marriage. We have16
received premarital counseling at our own expense on the nature, purposes, and17
responsibilities of marriage. We have read the Covenant Marriage Act, and we18
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 legal1
counseling may be required in order to obtain a divorce.2
With full knowledge of what this commitment means, we do hereby declare3
that our marriage will be bound by Louisiana law on Covenant Marriages and we4
promise to love, honor, and care for one another as husband and wife for the rest of5
our lives."6
(2)(a) An affidavit by the parties attesting they have received premarital7
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, which9
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, a11
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 legal13
counseling, and that they have received and read the informational pamphlet14
developed and promulgated by the office of the attorney general entitled "Covenant15
Marriage Act" which provides a full explanation of the terms, expenses, and16
conditions of a covenant marriage.17
* * *18
§273.1. Declaration of intent; form19
A. The following is suggested as a form for the recitation which may be used20
by the couple:21
"DECLARATION OF INTENT22
We do solemnly declare that marriage is a covenant between a man and a23
woman who agree to live together as husband and wife for so long as they both may24
live. We have chosen each other carefully and disclosed to one another everything25
which could adversely affect the decision to enter this marriage. We have received26
premarital counseling at our own expense on the nature, purposes, and27
responsibilities of marriage. We have read the Covenant Marriage Act, and we28
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 that2
additional legal counseling may be required in order to obtain a divorce under the3
Covenant Marriage Act.4
With full knowledge of what this commitment means, we do hereby declare5
that our marriage will be bound by Louisiana law on Covenant Marriages and we6
promise to love, honor, and care for one another as husband and wife for the rest of7
our lives."8
B. The following is the suggested form of the affidavit which may be used9
by the parties, notary, and counselor:10
STATE OF LOUISIANA11
PARISH OF12
BE IT KNOWN THAT on this ___ day of _______ , _____, before me the13
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 a18
priest, minister, rabbi, clerk of the Religious Society of Friends, any clergyman of19
any religious sect, or a professional marriage counselor, which marriage counseling20
included:21
A discussion of the seriousness of Covenant Marriage;22
Communication of the fact that a Covenant Marriage is a commitment for23
life;24
The obligation of a Covenant Marriage to take reasonable efforts to preserve25
the marriage if marital difficulties arise;26
The costs that will be incurred from mandatory marital counseling and27
probable legal counseling required in order to obtain a divorce under the Covenant28
Marriage Act, and29 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 Marriage1
Act" developed and promulgated by the office of the attorney general, which2
provides a full explanation of a Covenant Marriage, including the obligation to seek3
and pay for marital counseling in times of marital difficulties and the exclusive4
grounds and expenses that will and may be incurred for legally terminating a5
Covenant Marriage by divorce or divorce after a judgment of separation from bed6
or board.7
_________________________8
(Name of prospective spouse)9
_________________________10
(Name of prospective spouse)11
SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF12
____________, ________.13
________________________________14
NOTARY PUBLIC15
ATTESTATION16
The undersigned does hereby attest that the affiants did receive counseling17
from me as to the nature and purpose of marriage, which included a discussion of the18
seriousness of Covenant Marriage, communication of the fact that a Covenant19
Marriage is for life, and the obligation of a Covenant Marriage to take reasonable20
efforts to preserve the marriage if marital difficulties arise, and the extra expenses21
that will and may be incurred should the affiants seek a divorce under the Covenant22
Marriage Act.23
_______________________________24
Counselor25
* * *26
§275. Covenant marriage; applicability to already married couples27
* * *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 marriage1
shall contain all of the following:2
(a) A recitation signed by both parties to the following effect:3
"A COVENANT MARRIAGE4
We do solemnly declare that marriage is a covenant between a man and a5
woman who agree to live together as husband and wife for so long as they both may6
live. We understand the nature, purpose, and responsibilities of marriage. We have7
read the Covenant Marriage Act, and we understand that a Covenant Marriage is for8
life. If we experience marital difficulties, we commit ourselves to take all reasonable9
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 obtain11
a divorce.12
With full knowledge of what this commitment means, we do hereby declare13
that our marriage will be bound by Louisiana law on Covenant Marriage, and we14
renew our promise to love, honor, and care for one another as husband and wife for15
the rest of our lives."16
(b)(i) An affidavit by the parties that they have discussed their intent to17
designate their marriage as a covenant marriage with a priest, minister, rabbi, clerk18
of the Religious Society of Friends, any clergyman of any religious sect, or a19
professional marriage counselor, which included a discussion of the obligation to20
seek marital counseling in times of marital difficulties, the necessity of payment for21
the required marital counseling and probable legal counseling, and that they have22
received and read the informational pamphlet developed and promulgated by the23
office of the attorney general entitled "Covenant Marriage Act" which provides a full24
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; form1
A. The following is suggested as a form for the recitation which may be used2
by the couple:3
"DECLARATION OF INTENT4
We do solemnly declare that marriage is a covenant between a man and a5
woman who agree to live together as husband and wife for so long as they both may6
live. We understand the nature, purpose, and responsibilities of marriage. We have7
read the Covenant Marriage Act, and we understand that a Covenant Marriage is for8
life. If we experience marital difficulties, we commit ourselves to take reasonable9
efforts to preserve our marriage, including marital counseling, and we further10
understand the stringent requirements and expenses involved in obtaining a divorce11
under the Covenant Marriage Act.12
With full knowledge of what this commitment means, we do hereby declare13
that our marriage will be bound by Louisiana law on Covenant Marriage, and we14
renew our promise to love, honor, and care for one another as husband and wife for15
the rest of our lives."16
B. The following is the suggested form of the affidavit which may be used17
by the parties, notary, and counselor:18
STATE OF LOUISIANA19
PARISH OF _________________20
BE IT KNOWN THAT on this ____ day of ________, ________, before me21
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 any27
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 for1
life;2
The obligation of a Covenant Marriage to take reasonable efforts to preserve3
the marriage if marital difficulties arise;4
The costs that will be incurred from mandatory marital counseling and5
probable legal counseling required in order to obtain a divorce under the Covenant6
Marriage Act, and7
That the affiants both read the pamphlet entitled "The Covenant Marriage8
Act" developed and promulgated by the office of the attorney general, which9
provides a full explanation of a Covenant Marriage, including the obligation to seek10
and pay for marital counseling in times of marital difficulties and the exclusive11
grounds and expenses that will and may be incurred for legally terminating a12
Covenant Marriage by divorce or divorce after a judgment of separation from bed13
or board.14
____________________________15
(Name of Spouse)16
____________________________17
(Name of Spouse)18
SWORN TO AND SUBSCRI BED BEFORE ME THIS _____ DAY OF19
___________, _______.20
__________________________21
NOTARY PUBLIC22
ATTESTATION23
The undersigned does hereby attest that the affiants did receive counseling24
from me as to the nature and purpose of marriage, which included a discussion of the25
seriousness of Covenant Marriage, communication of the fact that a Covenant26
Marriage is for life, and the obligation of a Covenant Marriage to take reasonable27
efforts to preserve the marriage if marital difficulties arise, and the extra expenses28 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 Covenant1
Marriage Act.2
________________________3
Counselor4
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)