H-4189              _______________________________________________

                                                   HOUSE BILL NO. 1971

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Fuhrman, B. Williams and Padden

Read first time 2/3/88 and referred to Committee on Judiciary.

AN ACT Relating to marriage; adding a new chapter to Title 26 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     The legislature hereby finds that marriage is an institution that predates our existence as a state and is of primary importance to the continued welfare of a people.  Marriage establishes a relationship of companionship and affection between a man and a woman which is in the best interest of each spouse.  A person has the right to expect that the marital relationship will be protected from wrongful interference by third parties as long as the marriage continues, especially when the relationship is weak or struggling.  It is the policy of the state of Washington to encourage, nurture, and protect the institution of marriage and to provide legal redress against persons who wrongfully interfere with the marital relationship.

NEW SECTION. Sec. 3.     A party to a marriage has a legal cause of action against a third party who wrongfully interferes with the marital relationship causing a loss of consortium to the injured spouse.  An act of adultery shall be conclusive proof of wrongful interference and cause of loss of consortium.

NEW SECTION. Sec. 4.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1)  "Marriage" means any duly recognized marriage under chapter 26.04 RCW where there has been voluntary cohabitation within the year previous to the time an action is filed under this chapter and no decree of legal separation has been entered.

          (2)  "Wrongfully interferes" means wrongfully and intentionally or negligently to intervene, intrude, or interrupt the marital relationship.

          (3)  "Loss of consortium" includes, but is not limited to, the loss of love, affection, companionship, care, services, and society.

NEW SECTION. Sec. 5.     An action brought under this chapter shall be filed within two years after the filing party has knowledge of wrongful interference by a third party.  A party injured by wrongful interference with the marital relationship shall be entitled to all general and specific damages, including mental pain and suffering, attorneys' fees, and other costs of litigation.  A party bringing an action under this chapter shall be entitled to injunctive relief against any third party wrongfully interfering with the marital relationship.  No bond for such an injunction may be required.

NEW SECTION. Sec. 6.     Sections 2 through 5 of this act shall constitute a new chapter in Title 26 RCW.