BILL NUMBER: SB 1228 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2006
INTRODUCED BY Senator Morrow
( Principal coauthor: Senator
Runner )
( Coauthor: Senator Battin
)
( Coauthor: Assembly Member
Mountjoy Coauthors: Assembly
Members DeVore and Mountjoy )
FEBRUARY 6, 2006
An act to amend Section 351 of, and to add Chapter 4 (commencing
with Section 1630) to Part 5 of Division 4 of, the Family Code,
relating to marital contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1228, as amended, Morrow Covenant marriage.
Existing law establishes the procedures by which parties to a
marriage may seek a dissolution of the marriage or a legal
separation. Existing law also governs marital agreements between a
husband and wife.
This bill would enact the Voluntary Covenant Marriage
and Child Protection Act of 2006. The bill would establish
procedures by which a couple may enter into a marital contract
rejecting the right to a dissolution of marriage or a legal
separation on grounds of irreconcilable differences, except in
certain circumstances. The bill would require couples to receive
marital premarital education counseling
before entering into a covenant marriage and predissolution
counseling before divorcing. filing a
petition for a dissolution of marriage or legal separation. The bill
would also require parties to submit to the county clerk or the
court, respectively, a certificate of completion of premarital
education counseling or predissolution counseling. The
bill would also require parties to pay costs associated with
satisfying the premarital education counseling requirement.
Existing law requires the parties to a marriage to obtain a
license from a county clerk. Existing law requires a marriage license
to contain specific information about the parties to the marriage,
including their identity, real and full names, places of residence,
and ages.
The bill would also require the marriage license to include a
space designated for parties entering into a covenant marriage to
indicate their mutual consent by each's each
party's signature, as specified. By
By increasing the duties of county clerks, the bill
would result in a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 351 of the Family Code is amended to read:
351. (a) The marriage license shall show all of the following:
(1) The identity of the parties to the marriage.
(2) The parties' real and full names, and places of residence.
(3) The parties' ages.
(b) The marriage license shall also contain a space designated for
parties who choose to enter into a covenant marriage, pursuant to
Chapter 4 (commencing with Section 1630) of Part 5 of Division 4. The
parties shall indicate their mutual consent to a covenant marriage,
including acknowledgment of completion of premarital counseling, by
each's signature within the designated space on the license.
SEC. 2. Chapter 4 (commencing with Section 1630) is added to Part
5 of Division 4 of the Family Code, to read:
CHAPTER 4. COVENANT MARRIAGE VOLUNTARY
COVENANT MARRIAGE AND CHILD PROTECTION ACT OF 2006
1630. This chapter shall be known and may be cited as the
"Covenant Marriage "Voluntary Covenant
Marriage and Child Protection Act of 2006."
1631. (a) For couples that enter into a covenant marriage, a
dissolution of the marriage or a legal separation of the parties on
grounds of irreconcilable differences shall not be granted unless the
requirements set forth in this chapter have been satisfied.
(b) A couple who chooses to enter into a covenant marriage shall
do all of the following:
(1) Receive a minimum of three hours nine
sessions of premarital counseling
education counseling within a 12-week period from any of the
following:
(A) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
(B) Clergy or practitioners A clergy
member or practitioner in a religious institution performing
counseling services as part of his or her pastoral or professional
duties.
(C) A marriage and family therapists
therapist licensed pursuant to Chapter 13 (commencing with
Section 4980) of Division 2 of the Business and Professions Code.
(D) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
(E) An official representative of a religious institution
performing religiously sanctioned counseling.
(F) Any other qualified provider approved by the county board of
supervisors.
(2) Indicate each parties' consent to a covenant marriage on the
marriage license, along with acknowledgment of completion of
premarital counseling.
(3) Receive a minimum of three hours of marital counseling prior
to filing for a dissolution of marriage or legal separation from any
one of the entities set forth in paragraph (1).
(3) Submit to the county clerk a certificate of completion from
one of the providers set forth in paragraph (1) declaring that the
premarital education counseling requirement has been fulfilled.
(4) Pay any cost associated with satisfying the premarital
education counseling requirement.
(c) All premarital education counseling providers in paragraph (1)
of subdivision (b) shall register with the county clerk by filing a
written affidavit that contains all of the following:
(1) The provider's name, address, and telephone number.
(2) A summary of the provider's qualifications, proof of valid
license (if applicable), and a description of relevant training.
(3) A statement that the provider complies with the course
requirements specified in this section.
(d) A premarital education counseling provider shall provide to
each couple who completes the requirement a certificate of completion
that specifies all of the following:
(A) The names of the couple.
(B) The name of the provider.
(C) The date of completion of the premarital education counseling
requirement.
(e) If either party to a covenant marriage has full, partial, or
joint custody of a minor child, the parties shall receive a minimum
of nine sessions of predissolution counseling from any of the
providers set forth in paragraph (1) of subdivision (b) over the
course of the six-month period immediately preceding the filing of a
petition for dissolution of marriage or legal separation before the
parties may obtain a dissolution of marriage or legal separation
based on irreconcilable differences. At least one of the first five
predissolution counseling sessions shall address the impact that a
dissolution of marriage would have on the minor children in the
marriage. The parties shall submit to the court a certificate of
completion from one of the providers set forth in paragraph (1) of
subdivision (b) declaring that the predissolution counseling
requirement has been fulfilled.
(f) If neither party to the covenant marriage has full, partial,
or joint custody of a minor child, the parties shall receive a
minimum of six sessions of predissolution counseling from any of the
providers set forth in paragraph (1) of subdivision (b) over the
course of the three-month period immediately preceding the filing of
a petition for dissolution of marriage or legal separation before the
parties may obtain a dissolution of marriage or legal separation
based on irreconcilable differences. The parties shall submit to the
court a certificate of completion from one of the providers set forth
in paragraph (1) of subdivision (b) declaring that the
predissolution counseling requirement has been fulfilled.
1632. The court shall grant a dissolution of marriage or a legal
separation, without a party being subject to the counseling
requirement requirements pursuant to
paragraph (3) of subdivision (b) subdivisions (e) and
(f) of Section 1631, in the event of any of the following:
(a) Spousal abuse.
(b) Commission of a felony.
(c) Adultery.
(d) Abandonment by the other spouse.
(e) Long periods of physical separation from the other spouse.
1633. If a party has completed marital counseling prior to filing
for a dissolution of marriage or legal separation, pursuant to
paragraph (3) of subdivision (b) of Section 1631, and the party is
unable to resolve differences with his or her spouse, the party may
then seek a dissolution of the marriage or a legal separation on the
basis of irreconcilable differences.
1633. If the court determines that a party to a covenant marriage
has committed any of the acts listed in subdivisions (a) to (e),
inclusive, of Section 1632, the court shall have the discretion to
deviate from the manner of division of the community estate set forth
in Section 2550 in favor of the innocent spouse.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.