SENATE BILL REPORT

SB 6389

BYSenators Craswell, Johnson, Rasmussen, Stratton and Smith

Authorizing written marriage contracts.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 5, 1988

Senate Staff:Lidia Mori (786-7418)

AS OF FEBRUARY 4, 1988

BACKGROUND:

To commence a proceeding for dissolution of marriage, a party who is a resident of the state must file a petition alleging that the marriage is irretrievably broken.  After ninety days from the filing of the petition and service on the other party, the court will enter a decree of dissolution of marriage if the other party joins the petition or does not deny that the marriage is irretrievably broken.  If the other party denies that the marriage is irretrievably broken, the court will weigh all relevant factors and the prospects for reconciliation.  The court will make a finding that either the marriage is irretrievably broken and will enter a decree of dissolution or it will transfer the cause to family court, refer the parties to a counseling service of their choice or continue the matter for a hearing in not more than sixty days.  If the cause is returned from family court or at the later hearing, the court will dismiss the petition if the parties have reconciled or, if one party continues to allege the marriage is irretrievably broken, the court will enter a decree of dissolution of marriage.  A decree of legal separation will be entered at the petitioner's request if the other party does not object and file a petition for decree of dissolution.

SUMMARY:

After lawful solemnization of marriage, two people of the opposite sex may enter into a written marriage contract which provides that the marriage will not be dissolved unless there is a showing, by a preponderance of the evidence, that one party is at fault which constitutes grounds for the dissolution of marriage under the contract.  The marriage contract must contain an agreement between the parties of the terms of the continuance of the legal marital relationship.  It must also set forth the acts which constitute fault and must not be contrary to public policy in order to justify dissolution of the marriage.  The parties must acknowledge that they understand that in the absence of a marriage contract either party may petition the court for dissolution of marriage on the grounds that the marriage is irretrievably broken.  Each party must enunciate the rights they are giving up and the terms to which they are binding themselves.

Any proceeding involving the marriage contract must be brought in Washington in superior court.  A petition for dissolution of marriage must be filed and it must allege that the terms of the marriage contract have been violated.  If the other party does not deny the alleged fault, the court will enter a decree of dissolution.  In a contested proceeding, the court will submit the issue of whether the marriage contract has been violated to a jury at the request of either party.  Any issues of property division, child custody, child visitation, or maintenance requests will be decided by the court and not submitted to the jury.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 5, 1988

Effective Date:July 1, 1988