First Regular Session
Sixty-second General Assembly
LLS NO. 99-0337.01 Jennifer Gilroy HOUSE BILL 99-1199
STATE OF COLORADO
BY REPRESENTATIVES Paschall, Hefley, Lee, Dean, Fairbank,
Mitchell;
also SENATORS Lamborn, Andrews, Arnold, Congrove, Hillman,
Musgrave, Owen. ENGROSSED
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE AUTHORIZATION OF COVENANT MARRIAGES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the "Covenant Marriage Act". Defines certain terms used
in the act. Allows parties wishing to commit to a lifelong marriage to
enter into a covenant marriage by declaring their intent to do so on their
application for a marriage license and by executing a declaration of
intent.
Describes the declaration of intent as consisting of the following:
A written recitation signed by the parties and notarized,
declaring their agreement to live together as husband and
wife for so long as they both may live and committing
themselves to make all reasonable efforts to preserve their
marriage when they experience marital difficulties;
An affidavit executed by the parties that they have received
premarital counseling from a leader of a faith community
or a marital counselor concerning the nature, purpose, and
responsibilities of marriage and the grounds for termination
of a covenant marriage; and
An attestation from the marital counselor that he or she has
counseled the parties and provided the parties with an
informational pamphlet developed and promulgated by the
office of the attorney general.
Makes other laws relating to marriage and the rights of married
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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women, domestic abuse, desertion and nonsupport, dissolution of
marriage and legal separation, and child support applicable to covenant
marriages, except as otherwise explicitly provided. Specifies that
property distribution and spousal maintenance shall be determined
without regard to marital misconduct only in noncovenant marriages.
Allows couples to an existing marriage to enter into a covenant
marriage.
Directs the clerk and recorder of each county to forward to the
state registrar of vital statistics each declaration of intent filed with the
county clerk and recorder during the preceding month.
Identifies the limited grounds upon which a party to a covenant
marriage may seek a dissolution of marriage or legal separation.
Requires marriage licenses and marriage certificates to designate
whether or not the marriage is a covenant marriage.
Makes conforming amendments to the "Uniform Dissolution of
Marriage Act".
1 Be it enacted by the General Assembly of the State of Colorado:
2 [ SECTION 1. Part 3 of article 2 of title 14, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION
4 to read:
5 14-2-301.5. Legislative declaration. THE GENERAL ASSEMBLY
6 HEREBY FINDS THAT THE PUBLIC POLICY OF THE STATE OF COLORADO IS TO
7 ENCOURAGE LIFE-LONG MARRIAGES BETWEEN MEN AND WOMEN. THE
8 GENERAL ASSEMBLY FURTHER FINDS THAT PREMARITAL COUNSELING
9 OFTEN RAISES THE PARTIES' AWARENESS TO THE CHALLENGES OF
10 MARRIAGE AND CAUSES THEM TO CONSIDER MORE SERIOUSLY THE
11 COMMITMENT ASSOCIATED WITH ENTERING INTO MATRIMONY. IN
12 ADDITION, THE GENERAL ASSEMBLY FINDS THAT PREMARITAL AND
13 POSTMARITAL COUNSELING CAN CONTRIBUTE TO ENDURING MARRIAGES.
14 SECTION 2. 14-2-304 (1) (h), Colorado Revised Statutes, is
15 amended, and the said 14-2-304 (1) is further amended BY THE
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1 ADDITION OF A NEW PARAGRAPH, to read:
2 14-2-304. Content. (1) Parties may contract with respect to:
3 (h) The choice of law governing the construction of the
4 agreement; and
5 (h.5) COVENANT MARRIAGE AGREEMENTS CONCERNING MARITAL
6 COUNSELING, MEDIATION, AND ARBITRATION, PROVIDED HOWEVER THAT
7 A COURT SHALL DECLINE TO ENFORCE ANY AGREEMENT UNDER THIS
8 PARAGRAPH IF IT DETERMINES THAT ENFORCING THE PROVISIONS POSES A
9 RISK OF PHYSICAL OR SEVERE EMOTIONAL HARM TO EITHER PARTNER OR
10 ANY CHILDREN OF THE MARRIAGE; AND
11 SECTION 3. 14-2-310 (1), Colorado Revised Statutes, is
12 amended, and the said 14-2-310 is further amended BY THE ADDITION
13 OF A NEW SUBSECTION, to read:
14 14-2-310. Effective date - applicability. (1) Except as provided
15 in subsection (2) SUBSECTIONS (2) AND (3) of this section, this part 3 shall
16 take effect July 1, 1986, and shall apply only to marital agreements that
17 become effective on or after said date. All such marital agreements
18 entered into prior to July 1, 1986, shall be governed by the laws then in
19 effect.
20 (3) THE PROVISIONS OF SECTIONS 14-2-301.5 AND 14-2-304 (1)
21 (h.5), AS CONTAINED IN HOUSE BILL 99-1199, SHALL TAKE EFFECT AT
22 12:01 A.M. ON THE DAY FOLLOWING THE EXPIRATION OF THE NINETY-DAY
23 PERIOD AFTER FINAL ADJOURNMENT OF THE GENERAL ASSEMBLY THAT IS
24 ALLOWED FOR SUBMITTING A REFERENDUM PETITION PURSUANT TO
25 ARTICLE V, SECTION 1 (3) OF THE STATE CONSTITUTION; EXCEPT THAT, IF
26 A REFERENDUM PETITION IS FILED AGAINST THAT ACT OR AN ITEM,
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1 SECTION, OR PART OF THAT ACT WITHIN SUCH PERIOD, THEN THE ACT, ITEM,
2 SECTION, OR PART, IF APPROVED BY THE PEOPLE, SHALL TAKE EFFECT ON
3 THE DATE OF THE OFFICIAL DECLARATION OF THE VOTE THEREON BY
4 PROCLAMATION OF THE GOVERNOR. THE PROVISIONS OF SECTIONS
5 14-2-301.5 AND 14-2-304 (1) (h.5) SHALL APPLY ONLY TO MARITAL
6 AGREEMENTS THAT BECOME EFFECTIVE ON OR AFTER THE EFFECTIVE DATE
7 OF THAT SECTION.
8 SECTION 4. Effective date - applicability. (1) This act shall
9 take effect at 12:01 a.m. on the day following the expiration of the
10 ninety-day period after final adjournment of the general assembly that is
11 allowed for submitting a referendum petition pursuant to article V,
12 section 1 (3) of the state constitution; except that, if a referendum petition
13 is filed against this act or an item, section, or part of this act within such
14 period, then the act, item, section, or part, if approved by the people, shall
15 take effect on the date of the official declaration of the vote thereon by
16 proclamation of the governor.
17 (2) The provisions of this act shall apply to marital agreements
18 that become effective on or after the applicable effective date of this act.]