BP BHEAD INT H

AN ACT Relating to written marriage contracts; amending RCW 26.09.030; reenacting and amending RCW 26.09.020 and 26.09.150; and adding a new section to chapter 26.04 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 26.04 RCW to read as follows:

(1) The marriage contact entered into pursuant to this chapter may be a written marriage contract, entered either prior to or after the marriage is duly and lawfully solemnized, which may provide that the marital relationship of the husband and wife shall only be dissolved upon a finding by the court, established by a preponderance of the evidence, that reasonable grounds for dissolution of the marriage have been proven. Reasonable grounds for dissolution of the marriage in such contract may include the following:

(a) The commission of adultery by the other party;

(b) The other party was infected with a sexually transmitted disease not known to the spouse filing the petition for dissolution of marriage, at the time the marriage was solemnized, or which disease is contracted by the other party after the marriage from other than the spouse filing the petition for dissolution of marriage;

(c) The other party was infected at the time the marriage was solemnized with a fatal disease not known to the spouse filing the petition for dissolution of marriage;

(d) The spouse filing the petition for dissolution of marriage or legal separation has been abandoned by the other spouse for one or more years preceding the filing of the petition;

(e) The other party is habitually addicted to alcohol or drugs;

(f) Failure, neglect, or refusal of the other party to provide for the party's family to the extent such agreement was set forth in the written marriage contract;

(g) Imprisonment of the other party in a state, federal, or foreign prison for two or more years, during which the petition for dissolution of marriage or legal separation is filed;

(h) Treatment of the petitioning spouse, or a family member residing in the home of the parties, by the other party, in a manner which constitutes physical abuse, extreme mental cruelty, or sexual abuse;

(i) Determination that the other party is legally insane; or

(j) Mutual consent of both parties, voluntarily, knowingly, and freely given, to the entry of a decree of dissolution of marriage.

(2) Common law equitable principles, including, but not limited to condonation, the clean hands doctrine, or other equitable principles apply to dissolution actions based on allegations of grounds. Affirmative defenses may be asserted as defenses to allegations of grounds. A written marriage contact may provide remedies for violation including damages, specific enforcement, dissolution of marriage, or legal separation.

(3) The written marriage contract shall be interpreted according to and pursuant to the laws of the state of Washington which shall apply to all such contracts. The state of Washington shall retain jurisdiction over all marriage contracts entered pursuant to the authorization of this chapter. A decree or order of dissolution of marriage, divorce, legal separation, or declaration concerning the validity of the marriage, which does not conform to the marriage contract and the laws of the state of Washington, shall have no force nor effect.

(4) A marriage contract that limits the availability of a decree of dissolution of marriage to only those reasonable grounds for dissolution of marriage enumerated in the written marriage contract shall contain an express waiver of the availability of all other statutory or contractual bases for the award of a decree of dissolution of marriage in a form substantially as follows:

WAIVER

I understand that, pursuant to the laws of the state of Washington, married persons may obtain a dissolution of their marriage only by claiming that the parties' marriage is "irretrievably broken." I understand that most, if not all, states in the United States may have similar laws permitting divorce or dissolution of marriage without requiring the proof of any reasonable grounds for divorce or dissolution of marriage.

By signing this written marriage contract, I knowingly and voluntarily waive any right to a divorce or dissolution of my marriage by any and all other statutory rights and provisions and specifically limit the availability of divorce or dissolution of marriage to only those specific reasonable grounds for divorce or dissolution of marriage which are herein enumerated.

Sec. 2. RCW 26.09.020 and 1989 1st ex.s. c 9 s 204 and 1989 c 375 s 3 are each reenacted and 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 residential schedule of, decision making for, dispute resolution for, 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 was executed in accordance with section 1 of this 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 health.

Sec. 3. RCW 26.09.030 and 1973 1st ex.s. c 157 s 3 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 a case involving a written marriage contract, does not deny the alleged grounds have 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 was 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 was 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) 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 are not established as required by the terms of the written marriage contract.

Sec. 4. RCW 26.09.150 and 1989 1st ex.s. c 9 s 205 and 1989 c 375 s 30 are each reenacted and 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 grounds delineated in the written marriage contract were 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 health. 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 of a party whose marriage is dissolved or declared invalid, the court shall order a former name restored or the court may, in its discretion, order a change to another name.

NEW SECTION. Sec. 5. 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.