AN ACT Relating to written marriage contracts; amending RCW 26.09.010, 26.09.020, 26.09.030, and 26.09.150; adding a new section to chapter 26.09 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 26.09 RCW to read as follows:

(1) Two persons of the opposite sex may, either prior to or after their marriage is lawfully and duly solemnized, enter into a written marriage contract providing that the marital relationship will not be dissolved except upon a showing by a preponderance of the evidence by one party of the fault of the other party which constitutes grounds for dissolution of the marriage, as specified in the marriage contract. The written marriage contract shall not be enforceable until the marriage is lawfully and duly solemnized, and shall not be enforceable in marriages prohibited by RCW 26.04.020. If requirements for enforceability as defined in this section are met, the marriage contract shall be enforced by a court of competent jurisdiction and the marriage of the parties shall not be dissolved or modified except under the terms of the marriage contract. A party to the marriage who believes that the marriage contract has been violated and that the grounds specified in the contract exist for termination of the marriage may institute a legal proceeding to dissolve the marriage, and if the grounds as specified in the contract are proven, that party shall be awarded a decree of dissolution of marriage.

(2) The written marriage contract, to be enforceable, must contain the following agreements between the parties:

(a) The written marriage contract contains the exclusive understanding and agreement between the parties regarding the terms of continuance of their legal marital relationship;

(b) The marriage of the parties shall not be dissolved or otherwise modified except by mutual consent of the parties or upon a showing by a preponderance of the evidence of fault of the other party in a court of competent jurisdiction. Those acts which constitute fault must be set out in the marriage contract and must not be contrary to public policy in order to justify dissolution of the marriage of the parties.

(c) Any legal proceeding involving the marriage contract shall be brought in a superior court in the state of Washington. The practice in civil actions in the state of Washington shall govern all proceedings. The state of Washington shall retain jurisdiction over all actions involving the marriage contract and the laws of the state of Washington shall apply. A dissolution of marriage, divorce, legal separation, or declaration concerning validity of the marriage which is not in conformance with the marriage contract and the laws of the state of Washington shall have no force or effect in the state of Washington.

(d) The parties must acknowledge that each recognizes that, in the absence of a written marriage contract, either party to a marriage may petition the court for dissolution of the marriage on the grounds that the marriage is irretrievably broken, and the petition shall be granted as provided in RCW 26.09.030. The parties must state in the written marriage contract that each, by executing the document, gives up that right and agrees to be bound solely by the terms of the written marriage contract to determine the grounds which will enable a party to successfully petition for dissolution of the marriage.

A marriage contract which contains a provision substantially in the following form shall satisfy the requirements of this subsection:

"I understand that a married person in the state of Washington may obtain a dissolution of his or her marriage by filing a petition in superior court claiming that the marriage is "irretrievably broken," and that no grounds for the dissolution of marriage must be proven nor must the fault of either party be shown. This is the meaning of the term "no-fault" dissolution of marriage. By signing this written marriage contract, I voluntarily give up the right to be awarded a dissolution of marriage without proof of grounds, and agree to be bound only by the terms of this written marriage contract. I understand that my marriage may be dissolved only if either my spouse or I commit one of the acts of fault specified in this contract, which will constitute a breach of this contract, or if we both agree to a dissolution of our marriage."

Sec. 2. Section 1, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 460, Laws of 1987 and RCW 26.09.010 are each amended to read as follows:

(1) Except as otherwise specifically provided herein, the practice in civil action shall govern all proceedings under this chapter, except that trial by jury is dispensed with in all proceedings other than those in which a violation of a written marriage contract is alleged.

(2) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity of a marriage shall be entitled "In re the marriage of .......... and .......... ." Such proceeding may be filed in the superior court of the county where the petitioner resides.

(3) In cases where there has been no prior proceeding in this state involving the marital status of the parties or support obligations for a minor child, a separate support proceeding shall be entitled "In re the support of .......... ."

(4) The initial pleading in all proceedings for dissolution of marriage under this chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.

(5) In this chapter, "decree" includes "judgment".

(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage shall not be awarded to one of the parties, but shall provide that it affects the status previously existing between the parties in the manner decreed, except as provided in section 1 of this 1988 act.

Sec. 3. Section 2, chapter 157, Laws of 1973 1st ex. sess. as last amended by section 2, chapter 45, Laws of 1983 1st ex. sess. and RCW 26.09.020 are each amended to read as follows:

(1) A petition in a proceeding for dissolution of marriage, legal separation, or for a declaration concerning the validity of a marriage, shall allege the following:

(a) The last known residence of each party;

(b) The date and place of the marriage;

(d) The names, ages, and addresses of any child dependent upon either or both spouses and whether the wife is pregnant;

(e) Any arrangements as to the custody, visitation and support of the children and the maintenance of a spouse;

(f) A statement specifying whether there is community or separate property owned by the parties to be disposed of;

(g) The relief sought;

(h) The grounds for dissolution of the marriage, if a written marriage contract has been executed in accordance with section 1 of this 1988 act.

(2) Either or both parties to the marriage may initiate the proceeding.

(3) The petitioner shall complete and file with the petition a certificate under RCW 70.58.200 on the form provided by the department of social and health services.

Sec. 4. Section 3, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.030 are each amended to read as follows:

When a party who is a resident of this state or who is a member of the armed forces and is stationed in this state, petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken or that the terms of the written marriage contract have been violated, and when ninety days have elapsed since the petition was filed and from the date when service of summons was made upon the respondent or the first publication of summons was made, the court shall proceed as follows:

(1) If the other party joins in the petition or does not deny that the marriage is irretrievably broken or, in cases involving a written marriage that contract, does not deny the alleged fault has occurred, the court shall enter a decree of dissolution.

(2) If the other party alleges that the petitioner was induced to file the petition by fraud, or coercion, the court shall make a finding as to that allegation and, if it so finds shall dismiss the petition.

(3) If the other party denies that the marriage is irretrievably broken or that the written marriage contract has been violated the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition ((~~and~~)), the prospects for reconciliation, and the written marriage contract between the parties if one has been executed, and shall:

(a) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or

(b) At the request of either party or on its own motion, transfer the cause to the family court, refer them to another counseling service of their choice, and request a report back from the counseling service within sixty days, or continue the matter for not more than sixty days for hearing. If the cause is returned from the family court or at the adjourned hearing, the court shall:

(i) Find that the parties have agreed to reconciliation and dismiss the petition; or

(ii) Find that the parties have not been reconciled, and that either party continues to allege that the marriage is irretrievably broken. When such facts are found, the court shall enter a decree of dissolution of the marriage unless the entry of such a decree is contrary to the written marriage contract.

(4) When violation of a written marriage contract is alleged and the responding party contests the petition or denies the allegation of fault, the court shall submit the issue of whether the marriage contract has been violated to a jury at the request of either party. If the jury finds that a violation of the written marriage contract has occurred, the court shall enter a decree of dissolution of marriage. The court shall determine issues of property division, child custody, child visitation, and maintenance requests by either party without submission of those issues to the jury.

(5) If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree in that form unless the other party objects and petitions for a decree of dissolution or declaration of invalidity, or unless the grounds have not been established as required by the terms of the written marriage contract.

Sec. 5. Section 15, chapter 157, Laws of 1973 1st ex. sess. and RCW 26.09.150 are each amended to read as follows:

A decree of dissolution of marriage, legal separation, or declaration of invalidity is final when entered, subject to the right of appeal. An appeal which does not challenge the finding that the marriage is irretrievably broken or was invalid, or that fault as defined in the written marriage contract was proven, does not delay the finality of the dissolution or declaration of invalidity and either party may remarry pending such an appeal.

No earlier than six months after entry of a decree of legal separation, on motion of either party, the court shall convert the decree of legal separation to a decree of dissolution of marriage. The clerk of court shall complete the certificate as provided for in RCW 70.58.200 on the form provided by the department of social and health services. On or before the tenth day of each month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce, dissolution of marriage, annulment, or separate maintenance granted during the preceding month.

Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order a former name restored and may, on motion of either party, for just and reasonable cause, order the wife to assume a name other than that of the husband.

NEW SECTION. Sec. 6. This act shall take effect July 1, 1988.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.