TENNESSEE COVENANT MARRIAGE ACT Beginning July 1, 2025, this bill creates the "Tennessee Covenant Marriage Act," which provides that a covenant marriage is a marriage entered into by one male and one female, each having reached the age of majority, who understand and agree that marriage is a lifelong relationship. This bill requires parties to a covenant marriage to receive counseling emphasizing the nature, purposes, and responsibilities of marriage. Only when there has been a complete and total breach of the marital covenant commitment may the non-breaching party seek a declaration that the marriage is no longer legally recognized. Under this bill, a man and woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license and executing a declaration of intent to contract a covenant marriage. The application for a marriage license and the declaration of intent must be filed with the county clerk who issues the marriage license. DECLARATION OF INTENT TO CONTRACT CONVENANT MARRIAGE This bill provides that a declaration of intent to contract a covenant marriage must contain the following:  A statement made by both parties declaring solemnity and dedication to the covenant marriage under the law, as provided in this bill.  An affidavit by the parties that they have received premarital counseling from an ordained minister, religious priest or clergyman of a bona fide religion, or a counselor licensed under state law. Such counseling must include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce or by divorce after a legal separation.  A notarized attestation confirming (i) the parties were counseled as to the nature and purpose of the marriage and the grounds for termination; and (ii) the ordained minister, religious priest, clergyman, or licensed counselor provided to the parties the informational pamphlet developed and promulgated by the secretary of state. The attestation must be signed by either the ordained minister, religious priest, clergyman, or licensed counselor and attached to the parties' affidavit.  The signature of both parties witnessed by a notary public. DECLARATION FOR CONVENANT MARRIAGE A declaration under this bill must contain, as three separate documents, the statement, the affidavit, and the notarized attestation. The statement must be prepared in duplicate originals, one of which must be retained by the parties. The parties must file the statement, affidavit, and attestation with the county clerk. On or after July 1, 2025, this bill authorizes previously married couples to execute a declaration of intent to designate their marriage as a covenant marriage to be governed by such laws. This bill requires such declaration of intent in the form and containing the contents required by this bill to be presented to the office of the county clerk who issued the couple's marriage license and with whom the couple's marriage certificate is filed. If the couple was married outside of this state, then a copy of the foreign marriage certificate, with the declaration of intent attached, must be filed with the county clerk in the county where the couple is domiciled. The officer must make a notation on the marriage certificate of the declaration of intent of a covenant marriage and attach a copy of the declaration to the certificate. On or before the tenth day of each calendar month, each county clerk must forward to the division of vital records each declaration of intent of a covenant marriage filed during the preceding calendar month pursuant to this bill. A declaration of intent to designate a marriage as a covenant marriage must contain the same statement, affidavit, notarized attestation, and signatures as described above. Such a declaration must contain, as three separate documents, the statement, the affidavit, and the notarized attestation. The statement must be prepared in duplicate originals, one of which must be retained by the parties. The parties must file the statement, affidavit, and attestation as provided in this bill. OBTAINING A JUDGMENT OF DIVORCE Upon the parties attending counseling, this bill authorizes a spouse to a covenant marriage to obtain a judgment of divorce upon proof of any of the following:  The other spouse has committed adultery.  The other spouse has committed a felony and has been sentenced to death or continuous confinement.  The other spouse has abandoned the matrimonial domicile for a period of one year and repeatedly refuses to return.  The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses.  The spouses have been living separately and apart continuously without reconciliation for a period of two years.  The spouses have been living separately and apart continuously without reconciliation for a period of one year from the date of legal separation.  If there is a minor child or children of the marriage, the spouses have been living separately and apart continuously without reconciliation for a period of one year and six months from the date the legal separation was signed. However, if abuse of a child of the marriage or a child of one of the spouses is the basis for which legal separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separately and apart continuously without reconciliation for a period of one year from the date the legal separation was signed. OBTAINING A LEGAL SEPARATION Upon the parties attending counseling, this bill authorizes a spouse to a covenant marriage to obtain a legal separation upon proof of any of the following:  The other spouse has committed adultery.  The other spouse has committed a felony and has been sentenced to death or continuous confinement.  The other spouse has abandoned the matrimonial domicile for a period of one year and repeatedly refuses to return.  The other spouse has physically or sexually abused the spouse seeking the judgment of separation or a child of one of the spouses.  The spouses have been living separately and apart continuously without reconciliation for a period of two years.  On account of habitual intemperance of the other spouse, or excesses, cruel treatment, or outrageous conduct of the other spouse, if such habitual intemperance, or such ill-treatment is of a nature as to render their living together insupportable. CAUSES OF ACTION PERMITTED Unless legally separated, this bill prohibits spouses in a covenant marriage from suing each other, except for causes of action pertaining to contracts; restitution of separate property; legal separation in covenant marriages; divorce; declaration of nullity of the marriage; spousal support; or support or custody of a child while the spouses are living separately and apart, although not legally separated. This bill provides that a court that has jurisdiction over divorce proceedings has jurisdiction of an action for legal separation in a covenant marriage if (i) one or both of the spouses are domiciled in this state and the ground for divorce was committed or occurred in this state or while the matrimonial domicile was in this state; or (ii) the ground for divorce occurred while either or both of the spouses were domiciled elsewhere, if the person obtaining the legal separation was domiciled in this state before the cause of action accrued and is domiciled in this state when the cause of action is filed. ACTION FOR LEGAL SEPARATION This bill requires an action for a legal separation in a covenant marriage to be brought in a county where either party is domiciled or in the county of the last matrimonial domicile. The venue provided in this bill must not be waived, and a judgment of separation rendered by a court of improper venue is void. This bill provides that judgments on the pleadings and summary judgments must not be granted in an action for legal separation in a covenant marriage. In a proceeding for a legal separation in a covenant marriage, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief, and possession and use of a family residence. LEGAL SEPARATION, MATRIMONIAL BOND, RECONCILIATION This bill provides that a legal separation in a covenant marriage does not dissolve the bond of matrimony, because the separated husband and wife are not at liberty to marry again. A legal separation puts an end to the conjugal cohabitation of husband and wife, and to the common concerns, which existed between the husband and wife. Under this bill, spouses who are legally separated in a covenant marriage must retain that status until either reconciliation or divorce. The judgment of a legal separation is retroactive to the date on which the original petition was filed in the action. Upon reconciliation of the spouses, this bill requires the community to be reestablished between the spouses, as of the date of filing of the original petition in the action, unless the spouses execute prior to the reconciliation an agreement that the community must not be reestablished upon reconciliation, and this agreement does not require court approval. MARRIAGE LICENSE This bill requires a county clerk to indicate on a marriage license whether the parties intend to enter into a covenant marriage. CONDITIONS PRECEDENT TO ISSUANCE OF MARRIAGE LICENSE This bill provides that if the parties intend to contract a covenant marriage, then the application for a marriage license must include the following statement: We, [name of intended husband] and [name of intended wife], do hereby declare our intent to contract a covenant marriage, and accordingly, have executed a declaration of intent which is attached. GROUNDS FOR DIVORCE FROM BONDS OF MATRIMONY, COVENANT MARRIAGE Present law provides several grounds for divorce from the bonds of matrimony. This bill provides that, in the case of a covenant marriage, such causes are not causes of divorce from the bonds of matrimony. This bill further adds that a spouse to a covenant marriage must not receive a divorce from a legal separation, except as provided in this bill. INFORMATIONAL PAMPHLET Before October 1, 2025, this bill requires the secretary of state to promulgate an informational pamphlet that outlines the consequences of entering into a covenant marriage. The informational pamphlet must be made available to an ordained minister, religious priest or clergyman, or a licensed counselor who provides marriage counseling as provided for by this bill.

Statutes affected:
Introduced: 36-3-103, 36-3-104, 36-4-101(a), 36-4-101, 36-4-102