[atlas:bill]

AN ACT Relating to the preservation of marriage; amending RCW 26.04.080, 26.04.090, 26.04.160, and 26.09.030; reenacting and amending RCW 26.09.150; adding a new section to chapter 26.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that dissolution of marriage contributes to children living in poverty. Studies have shown that one parent families have lower income levels when compared to two parent families. After dissolution, poverty has a significant influence on a child's welfare including his or her opportunities. Therefore, it is a reasonable function of the legislature to help children in poverty by allowing men and women to enter agreements that increase their commitment to one another.

NEW SECTION. Sec. 2. A new section is added to chapter 26.04 RCW to read as follows:

(1) A marriage preservation contract is a contract entered into by one man and one woman or married couples who understand and agree that the marriage between them is for life. The parties contract to make the grounds, terms, and conditions for dissolution of their marriage more restrictive than alleging that their marriage is irretrievably broken. The parties contract to make restrictive grounds, terms, and conditions for legal separation. The parties agree to take all reasonable efforts to preserve their marriage. Only when there has been a complete and total breach of the marital commitment may the parties seek a declaration that the marriage is no longer legally recognized.

(2) A man and a woman or married couples may enter into a written marriage preservation contract.

(a) Both parties must sign the contract and the contract must be notarized.

(b) If one or both parties are minors, the written consent or authorization of a superior court judge is required as in RCW 26.04.010.

(3) Either a husband or a wife may file a petition for dissolution of marriage or a petition for legal separation.

(4) For good cause, the court may enter temporary orders at any time after a petition for dissolution or a petition for legal separation has been filed.

Sec. 3. RCW 26.04.080 and Code 1881 s 2384 are each amended to read as follows:

The person solemnizing a marriage shall give to each of the parties ((~~thereto~~)), if required, a certificate ((~~thereof~~)), specifying ((~~therein~~)) the names and residence of the parties, and of at least two witnesses present, the time and place of such marriage, and the date of the license ((~~thereof~~)), and by whom issued. If applicable, the person solemnizing the marriage shall include a designation on the face of the certificate that the parties entered into a marriage preservation contract.

Sec. 4. RCW 26.04.090 and 1967 c 26 s 4 are each amended to read as follows:

A person solemnizing a marriage shall, within thirty days thereafter, make and deliver to the county auditor of the county wherein the license was issued a certificate for the files of the county auditor, and a certificate for the files of the state registrar of vital statistics. The certificate for the files of the county auditor shall be substantially as follows:

STATE OF WASHINGTON B

COUNTY OF............... D

This is to certify that the undersigned, a . . . . . ., by authority of a license bearing date the . . . . day of . . . . . . A.D., 19. . ., and issued by the County auditor of the county of . . . . . ., did, on the . . . . day of . . . . . . A.D., 19. . ., at . . . . . . in this county and state, join in lawful wedlock A.B. of the county of . . . . . ., state of . . . . . . and C.D. of the county of . . . . . ., state of . . . . . ., with their mutual assent, in the presence of F H and E G, witnesses.

In Testimony Whereof, witness the signatures of the parties to said ceremony, the witnesses and myself, this . . . . day of . . . . . ., A.D., 19. . .

((~~The certificate for the files of the state registrar of vital statistics shall be in accordance with RCW 70.58.200.~~)) If applicable, the person solemnizing the marriage shall include a designation on the face of the certificate that the parties entered into a marriage preservation contract. The certificate forms for the files of the county auditor and for the files of the state registrar of vital statistics shall be provided by the state registrar of vital statistics.

Sec. 5. RCW 26.04.160 and 1997 c 58 s 909 are each amended to read as follows:

(1) Application for a marriage license must be made and filed with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and each application shall state the name, address at the time of execution of application, age, social security number, birthplace, whether single, widowed or divorced, and whether under control of a guardian, residence during the past six months: PROVIDED, That each county may require such other and further information on said application as it shall deem necessary. In cases where the parties intend to enter into a preservation of marriage contract, they must declare their intent to do so on their application for a marriage license.

(2) The county legislative authority may impose an additional fee up to fifteen dollars on a marriage license for the purpose of funding family services such as family support centers.

Sec. 6. RCW 26.09.030 and 1996 c 23 s 1 are each amended to read as follows:

Except in the case of a marriage preservation contract, when a party who ((~~(1)~~)) is a resident of this state, ((~~or (2) is~~)) a member of the armed forces and is stationed in this state, or ((~~(3) is~~)) married to 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 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, 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 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 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.

(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.

Sec. 7. 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)), the marriage was invalid, or the grounds, terms, or conditions agreed to in the marriage preservation contract where breached 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.