Louisiana Marriage Laws and Get Ordained - Licensed (559) 297-4271 |
ง202. Authority to perform marriage ceremony
A marriage ceremony may be performed by:
(1) A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who has attained the age of majority and is authorized by the authorities of his religion to perform marriages, and who is registered to perform marriages;
(2) A state judge or justice of the peace.
Acts 1987, No. 886, ง3, eff. Jan. 1, 1988; Acts 1997, No. 73, ง1; Acts 2014, No. 651, ง1.
An officiant is a person authorized by law to perform marriage ceremonies.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General
Principles - Part I. Officiants
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A. Judges and justices of the peace may perform marriage ceremonies within the following territorial limits:
(1) A justice of the supreme court within the state;
(2) A judge of a court of appeals within the circuit;
(3) A judge of a district court within the district;
(4) A judge of a family court, juvenile court, parish court, city
court, or, in Orleans Parish, a municipal or traffic court, within the
parish in which the court is situated; and
(5) A justice of the peace within the parish in which the court of that
justice of the peace is situated, and in any parish within the same
supreme court district which has no justice of the peace court.
B. A judge's authority to perform marriage ceremonies continues after he retires.
C. A retired justice of the peace who has served a total of eighteen
years in that capacity shall retain his authority to perform marriage
ceremonies within the territorial limits authorized in Subsection A of
this Section provided he registers to perform such ceremonies as
required by R.S. 9:204.
D. Notwithstanding the provisions of Paragraph (A)(5) of this Section, a
justice of the peace within any of the parishes of DeSoto, Bossier,
Caddo, Bienville, Webster, or Red River may perform marriage ceremonies
within any of these parishes.
E.(1) A judge of a court of the United States whose official duty
station includes a municipality having a population in excess of forty
thousand but less than fifty thousand persons according to the latest
decennial census or a municipality having a population in excess of two
hundred and fifteen thousand but less than two hundred and thirty-five
thousand persons according to the latest decennial census may perform
marriage ceremonies in the municipality located within his official duty
station. For purposes of this Subsection, "judge" and "official duty
station" have the same meaning as provided in 28 U.S.C. 451 and 456,
respectively. The authority granted by this Paragraph shall terminate
on December 31, 2003.
(2) A judge of a court of the United States whose official duty station
includes a municipality having a population in excess of four hundred
and seventy thousand according to the latest decennial census may
perform marriage ceremonies within his official duty station. The
authority granted by this Paragraph shall only be effective from October
1, 2004, through October 31, 2004.
(3) A judge of a court of the United States whose official duty station
includes the state capital may perform marriage ceremonies within his
official duty station. The authority granted by this Paragraph shall
only be effective from December 1, 2004, through December 31, 2004.
(4) A judge of a court of the United States whose official duty station
includes a municipality having a population in excess of one hundred
and five thousand but less than one hundred and fifteen thousand persons
according to the latest decennial census may perform marriage
ceremonies within his official duty station. The authority granted by
this Paragraph shall only be effective from May 16, 2005 through June 4,
2005.
(5) A judge of a court of the United States whose official duty station
includes a municipality having a population in excess of four hundred
seventy thousand according to the latest decennial census may perform
marriage ceremonies within his official duty station. The authority
granted by this Paragraph shall only be effective from October 1, 2007,
through October 31, 2007.
(6) A judge of a district court of the United States whose official
duty station includes a municipality having a population in excess of
four hundred seventy thousand according to the latest decennial census
may perform marriage ceremonies within his official duty station. The
authority granted by this Paragraph shall only be effective from
November 1, 2008, through November 30, 2008.
(7) A judge of a court of the United States whose official duty station
includes Orleans Parish may perform marriage ceremonies within Orleans
Parish. The authority granted by this Paragraph shall only be effective
from October 1, 2009, through October 31, 2009.
(8) Any United States magistrate judge of the Western District, Eastern
District, or Middle District may perform marriage ceremonies within
this state. The authority granted by this Paragraph shall be effective
only from October 1, 2010, through October 31, 2010.
(9) A judge of a court of the United States whose official duty station
includes a parish having a population in excess of two hundred fifty
thousand but less than two hundred seventy-five thousand persons
according to the latest decennial census may perform marriage ceremonis
within such parish. The authority granted by this Paragraph shall be
effective only from July 1, 2010, through July 31, 2010.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part I. Officiants
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 1991, No.
710, ยง1; Acts 1993, No. 105, ยง1; Acts 1995, No. 212, ยง1; Acts 1997,
No. 73, ยง2; Acts 2001, No. 341, ยง1, eff. June 12, 2001; Acts 2001, No.
1103, ยง1; Acts 2002, 1st Ex. Sess., No. 60, ยง1; Acts 2003, No. 255,
ยง1, eff. June 6, 2003; Acts 2004, No. 454, ยง1, eff. June 24, 2004;
Acts 2005, No. 4, ยง1, eff. May 27, 2005; Acts 2007, No. 114, ยง1; Acts
2008, No. 675, ยง2, eff. July 1, 2008; Acts 2008, No. 873, ยง2, eff.
July 9, 2008; Acts 2008, No. 879, ยง3; Acts 2009, No. 15, ยง1; Acts
2010, No. 199, ยง1; Acts 2010, No. 237, ยง1, eff. June 17, 2010.
An officiant, other than a judge or justice of the peace, may
perform marriage ceremonies only after he registers to do so by
depositing with the clerk of court of the parish in which he will
principally perform marriage ceremonies, or, in the case of Orleans
Parish, with the office of the state registrar of vital records, an
affidavit stating his lawful name, denomination, and address.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part I. Officiants
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
An officiant may not perform a marriage ceremony until he has
received a license authorizing him to perform that marriage ceremony.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part I. Officiants
Acts
1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 1988, No. 978,
ยง1; Acts 1990, No. 81, ยงยง1, 2.
Notwithstanding the provisions of Civil Code Article 90, marriages
between collaterals within the fourth degree, fifty-five years of age
or older, which were entered into on or before December 31, 1992, shall
be considered legal and the enactment hereof shall in no way impair
vested property rights.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part II. Collateral Relations
Acts 1993, No. 7, ยง1.
A license authorizing an officiant to perform a marriage ceremony must be issued by:
(1) The state registrar of vital records, or a judge of the city court, in the Parish of Orleans;
(2) The clerk of court, in any other parish; or
(3) A district judge, if the clerk of court is a party to the marriage.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart A: In General
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A marriage license may be issued in any parish, regardless of
where the ceremony is to be performed or the parties reside.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart A: In General
Acts 1990, No. 81, ยง1.
An application for a marriage license must be made on a form provided by the state registrar of vital records.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart A: In General
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A. An application for a marriage license must include:
(1) The date and hour of the application.
(2) The full name, residence, race, and age of each party.
(3) The names of the parents of each party.
(4) The number of former marriages of each party, and whether divorced or not.
(5) The relationship of each party to the other.
(6) Each party's social security number or a statement by the
applicable party that no social security number has been issued to him.
The state registrar of vital records and the officiant shall maintain
confidentiality of social security numbers. Notwithstanding the
provisions of R.S. 44:1 et seq. the clerk of court shall maintain the
confidentiality of a party's social security number in an application
for a marriage license provided a request is made to the clerk in
writing by the party at the time of application.
B. The applicant must verify the information to the issuing official by affidavit.
C. In cases wherein the parties intend to contract a covenant marriage,
the application for a marriage license must also include the following
statement completed by at least one of the two parties:
"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 attached hereto."
D. Upon request, the state registrar shall provide the information
required in this Section to the agency charged with implementing a
program of family support in accordance with R.S. 46:236.1 et seq.,
which shall maintain the confidentiality of the information.
E. The failure of the application to contain the signatures of both
parties shall not affect the validity of the covenant marriage if the
declaration of intent and accompanying affidavit have been signed by the
parties.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart A: In General
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 1997, No.
1380, ยง2; Acts 1998, 1st Ex. Sess., No. 8, ยง1, eff. April 24, 1998;
Acts 1999, No. 1298, ยง1.
A. An application for a marriage license shall be accompanied by:
(1) A certified copy of each party's birth certificate.
(2) The written consent for a minor to marry, or the court's
authorization for the minor to marry, or both, as required by Chapter 6
of Title XV of the Children's Code.*
(3) If applicable, the declaration of intent for a covenant marriage, as provided in Part VII of this Chapter.
B. It shall be unlawful for any officer authorized to issue a marriage
license in this state to issue a license to any male or female unless
both parties first present and file with such officer a certified copy
of their original birth certificate. A photostatic or photographic
reproduction of the certified copy of the birth certificate may be filed
with the officer.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart A: In General
Acts 1988, No. 344, ยง1; Acts 1988, No. 345, ยง1, eff. July
7, 1988; Acts 1988, No. 808, ยง1, eff. July 18, 1988; Acts 1995, No.
415, ยง1; Acts 1997, No. 1380, ยง2.
A. A person born in Louisiana may submit a certified copy of his
birth certificate. A short-form birth certification card shall be
acceptable as a certified copy of a birth certificate.
B. A person born outside of Louisiana may submit a copy of his birth
certificate under the raised seal or stamp of the vital statistics
registration authority of his place of birth.
C. A certified copy of the birth certificate or letter issued in lieu
thereof shall be retained by the official recorder of the marriage for a
minimum period of sixty days.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart B: Birth
Certificate
Acts 1987, No. 330, ยง1; Acts 1987, No. 886, ยง3, eff. Jan.
1, 1988; Acts 1988, No. 344, ยง2; Acts 1988, No. 345, ยง2, eff. July 7,
1988; Acts 1988, No. 808, ยง2, eff. July 18, 1988; Acts 1990, No. 362,
ยง1, eff. Jan. 1, 1991; Acts 1991, No. 462, ยง1; Acts 2000, 1st Ex.
Sess., No. 118, ยง1, eff. April 19, 2000.
A. If no birth certificate is on file for an applicant, a letter
signed by the proper registration authority, under his raised seal or
stamp, must be submitted in lieu of a birth certificate. The letter
must state that a thorough search was made and that no birth record was
located for the applicant.
B. The officer issuing the marriage license may demand other proof of birth facts.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart B: Birth
Certificate
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
In the event of extenuating circumstances, and after finding that
the parties have complied with all other requirements, a judge of the
Orleans Parish City Court1, a family court judge, a juvenile court
judge, or any district court judge of a parish may order an issuing
official within the territorial jurisdiction of his court to issue a
marriage license without the applicant submitting a birth certificate.
In the event of extenuating circumstances, and after finding that the
parties have complied with all other requirements, a justice of the
peace or city court judge may order an issuing official within the
parish where his court is situated to issue a marriage license without
the applicant submitting a birth certificate. The order need not state
the reasons.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart B: Birth
Certificate
Acts 1991, No. 692, ยง1; Acts 1995, No. 454, ยง1; Acts 1999, No. 113, ยง1.
A. The official who issues the marriage license shall show on the face of it the exact time and date of issuance.
B. The official shall also indicate on the marriage license whether the parties intend to enter into a covenant marriage.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart D: Issuance and
Time
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 1997, No. 1380, ยง2.
A marriage license is valid for thirty days from the date of
issuance. No officiant shall perform a marriage after the license has
expired.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart D: Issuance and
Time
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A new license may be issued to the parties if they surrender the expired license to the issuing official.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart D: Issuance and
Time
Acts 1988, No. 345, ยง1, eff. July 7, 1988; Acts 1988, No. 808, ยง1, eff. July 18, 1988.
A. On receiving an application for a license to marry, the
license-issuing officer shall deliver to each prospective spouse, either
in person or by registered mail, a printed summary of the then current
matrimonial regime laws of this state and the covenant marriage law of
this state. These summaries shall be prepared by the attorney general
of this state.
B. The summary of matrimonial regime law shall emphasize the
possibility of contracting expressly a regime of one's choosing before
marriage, that spouses who have not entered into a matrimonial agreement
before marriage become subject to the legal regime by operation of law,
and the possibility of contracting after marriage to modify the
matrimonial regime.
C. The summary of covenant marriage law shall emphasize that premarital
counseling is mandatory at which time the necessary documents
consisting of the declaration of intent and the affidavit and
attestation of the counselor shall be executed, that the couple agrees
to take all reasonable steps to preserve their marriage if marital
difficulties arise, including marriage counseling, that divorce in a
covenant marriage is restricted to fault by a spouse and living separate
and apart for two years as provided in R.S. 9:307, and that divorce
under the general marriage law of this state differs significantly.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part III: Application for Marriage License - Subpart E: Summary of
Matrimonial Regimes Laws
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 2001, No. 561, ยง1.
An officiant may not perform a marriage ceremony until seventy-two
hours have elapsed since the issuance of the marriage license.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part IV: Delays and Ceremony - Subpart A: Seventy-Two Hour Delay
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A. A judge or justice of the peace authorized to perform the
marriage may waive the seventy-two-hour delay upon application of the
parties giving serious and meritorious reasons. His certificate
authorizing the immediate performance of the ceremony must be attached
to the marriage license.
B. Notwithstanding the provisions of R.S. 9:241, an officiant
authorized to perform marriage ceremonies in the parish of Orleans may
waive the seventy-two-hour delay for nonresident parties upon
application of the parties giving serious and meritorious reasons. His
certificate authorizing the immediate performance of the ceremony shall
be attached to the marriage license. For purposes of this Subsection,
"nonresident" shall mean a person domiciled or residing in a
jurisdiction other than the state of Louisiana.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part IV: Delays and Ceremony - Subpart A: Seventy-Two Hour Delay
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 2003, No. 255, ยง1, eff. June 6, 2003.
An officiant who violates R.S. 9:241, other than a judge, justice
of the peace or an officiant authorized to perform marriage ceremonies
in the parish of Orleans and who is authorized to waive the
seventy-two-hour delay pursuant to the provisions of R.S. 9:242(B), may
have his authority to perform marriage ceremonies revoked by the state
registrar of vital records. The revocation may not exceed one year.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part IV: Delays and Ceremony - Subpart A: Seventy-Two Hour Delay
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 2003, No. 255, ยง1, eff. June 6, 2003.
The marriage ceremony shall be performed in the presence of two competent witnesses of full age.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part IV: Delays and Ceremony - Subpart B: Ceremony and Marriage
Certificate
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A.(1) The marriage certificate is the record prepared for every
marriage on a form approved by the state registrar of vital records. It
shall contain the information prescribed. On the face of the
certificate shall appear the certification to the fact of marriage
including, if applicable, a designation that the parties entered into a
covenant marriage, signed by the parties to the marriage and by the
witnesses, and the signature and title of the officiant.
(2) The marriage certificate shall show the place, time, and date of the performance of the ceremony.
B. Every officiant of a marriage ceremony performed in this state shall sign a certificate of marriage in triplicate.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part IV: Delays and Ceremony - Subpart B: Ceremony and Marriage
Certificate
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; Acts 1997, No. 1380, ยง2.
The application for a marriage license, the authorization to the
officiant to perform the marriage ceremony, and the marriage certificate
may be incorporated into a single form approved by the state registrar
of vital records.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part V: Record Keeping
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A. Each officer authorized to issue marriage licenses in this
state shall keep a duplicate record of all marriage licenses issued, on
which he shall note the date and place of the marriage, and the name of
the person who performed the ceremony.
B. One copy shall be kept in a loose-leaf book until it has been
filled, at which time it shall be permanently bound, and shall be kept
open to the inspection of the public during office hours.
C. The other copy shall be filed with the division of vital records of
the Department of Children and Family Services within ten days of the
expiration of each month, and the failure, neglect, or refusal to do so
shall be punished by a fine of not less than ten dollars nor more than
fifty dollars.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part V: Record Keeping
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; H.C.R. No. 59, 1999 R.S.
A. The officiant shall give one copy of the marriage certificate
to the married parties. Within ten days after the ceremony, he shall
file the other two copies of the certificate of marriage with the
officer who issued the marriage license.
B. Upon receipt of these copies, this officer shall sign them and note thereon the date the certificate was recorded by him.
C. He shall forward to the state registrar of vital records, on or
before the fifteenth day of each calendar month, one copy of each
certificate of marriage filed with him during the preceding calendar
month.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part V: Record Keeping
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
Any person authorized to perform marriages in this state who fails
to complete the forms provided by the Department of Children and Family
Services, and specifically fails to fill in the date and place the
ceremony was performed, or neglects or fails to file the two executed
copies with the clerk of court in the parish where the license was
issued or, if in Orleans Parish, with the state office of vital records,
within ten days after the date of the marriage as provided by law,
shall be fined not less than twenty dollars for the first offense, fifty
dollars for the second offense, and one hundred dollars for a third
offense, and the offender shall be prohibited thereafter from
officiating at any marriage in this state.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part V: Record Keeping
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988; H.C.R. No. 59, 1999 R.S.
The state registrar of vital records shall annually prepare, from
the information filed with him under the provisions of R.S. 9:224 and
9:252, abstracts and tabular statements of the facts relating to
marriages in each parish, and embody them, with the necessary analysis,
in his annual report to the state.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part V: Record Keeping
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
Any person who makes a false entry in a marriage license as to the
time and date of the issuance of the license or, in a marriage
certificate, as to the time and date of the performance of the marriage,
shall be guilty of a misdemeanor and upon conviction shall be fined not
more than twenty-five dollars.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part V: Record Keeping
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
In case of an opposition to the marriage, if it be supported by
the oath of the party making it, and by reason sufficient in the opinion
of the judge to authorize a suspension of the marriage, it shall be
notified to the parties, and a day shall be assigned for a hearing.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VI: Opposition to Marriage
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
The time fixed for the hearing of the parties and the decision on
the opposition shall not exceed ten days from the day on which the
opposition was made.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VI: Opposition to Marriage
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
Any person may make opposition to a marriage, but if the
opposition be overruled, the party making it shall pay costs.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VI: Opposition to Marriage
Acts 1987, No. 886, ยง3, eff. Jan. 1, 1988.
A. A covenant marriage is a marriage entered into by one male and
one female who understand and agree that the marriage between them is a
lifelong relationship. Parties to a covenant marriage have received
counseling emphasizing the nature and purposes of marriage and the
responsibilities thereto. 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.
B. A man and woman may contract a covenant marriage by declaring their
intent to do so on their application for a marriage license, as provided
in R.S. 9:224(C), and executing a declaration of intent to contract a
covenant marriage, as provided in R.S. 9:273. The application for a
marriage license and the declaration of intent shall be filed with the
official who issues the marriage license.
C. A covenant marriage terminates only for one of the causes enumerated
in Civil Code Article 101. A covenant marriage may be terminated by
divorce only upon one of the exclusive grounds enumerated in R.S. 9:307.
A covenant marriage agreement may not be dissolved, rescinded, or
otherwise terminated by the mutual consent of the spouses.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 1997, No. 1380, ยง3; Acts 2006, No. 249, ยง1.
A. A declaration of intent to contract a covenant marriage shall contain all of the following:
(1) A recitation signed by both parties to the following effect:
"A COVENANT MARRIAGE
We do solemnly declare that marriage is a covenant between a man and a
woman who agree to live together as husband and wife for so long as they
both may live. We have chosen each other carefully and disclosed to
one another everything which could adversely affect the decision to
enter into this marriage. We have received premarital counseling on the
nature, purposes, and responsibilities of marriage. We have read the
Covenant Marriage Act, and we understand that a Covenant Marriage is for
life. If we experience marital difficulties, we commit ourselves to
take all reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we do hereby declare
that our marriage will be bound by Louisiana law on Covenant Marriages
and we promise to love, honor, and care for one another as husband and
wife for the rest of our lives."
(2)(a) An affidavit by the parties attesting they have received
premarital counseling from a priest, minister, rabbi, clerk of the
Religious Society of Friends, any clergyman of any religious sect, or a
professional marriage counselor, which counseling shall 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 that they have received and read the informational
pamphlet developed and promulgated by the office of the attorney general
entitled "Covenant Marriage Act" which provides a full explanation of
the terms and conditions of a covenant marriage.
(b) An attestation, signed by the counselor and attached to or included
in the parties' affidavit, confirming that the parties were counseled
as to the nature and purpose of the marriage.
(3)(a) The signature of both parties witnessed by a notary.
(b) If one or both of the parties are minors, the written consent or
authorization of those persons required under the Children's Code to
consent to or authorize the marriage of minors.
B. The declaration shall contain two separate documents, the recitation
and the affidavit, the latter of which shall include the attestation
either included therein or attached thereto. The recitation shall be
prepared in duplicate originals, one of which shall be retained by the
parties and the other, together with the affidavit and attestation,
shall be filed as provided in R.S. 9:272(B).
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 1997, No. 1380, ยง3; Acts 1999, No. 1298, ยง1.
A. The following is suggested as a form for the recitation which may be used by the couple:
"DECLARATION OF INTENT
We do solemnly declare that marriage is a covenant between a man and a
woman who agree to live together as husband and wife for so long as they
both may live. We have chosen each other carefully and disclosed to
one another everything which could adversely affect the decision to
enter this marriage. We have received premarital counseling on the
nature, purposes, and responsibilities of marriage. We have read the
Covenant Marriage Act, and we understand that a Covenant Marriage is for
life. If we experience marital difficulties, we commit ourselves to
take all reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we do hereby declare
that our marriage will be bound by Louisiana law on Covenant Marriages
and we promise to love, honor, and care for one another as husband and
wife for the rest of our lives."
B. The following is the suggested form of the affidavit which may be used by the parties, notary, and counselor:
STATE OF LOUISIANA
PARISH OF
BE IT KNOWN THAT on this ___ day of _______ , _____, before me the undersigned notary, personally came and appeared:
_____________________________________________________________
(Insert names of the prospective spouses)
who after being duly sworn by me, Notary, deposed and stated that:
Affiants acknowledge that they have received premarital counseling from a
priest, minister, rabbi, clerk of the Religious Society of Friends, any
clergyman of any religious sect, or a professional marriage counselor,
which marriage counseling included:
A discussion of the seriousness of Covenant Marriage;
Communication of the fact that a Covenant Marriage is a commitment for life;
The obligation of a Covenant Marriage to take reasonable efforts to preserve the marriage if marital difficulties arise, and
That the affiants both read the pamphlet entitled "The Covenant Marriage
Act" developed and promulgated by the office of the attorney general,
which provides a full explanation of a Covenant Marriage, including the
obligation to seek marital counseling in times of marital difficulties
and the exclusive grounds for legally terminating a Covenant Marriage by
divorce or divorce after a judgment of separation from bed or board.
_________________________
(Name of prospective spouse)
_________________________
(Name of prospective spouse)
SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF ____________, ________.
________________________________
NOTARY PUBLIC
ATTESTATION
The undersigned does hereby attest that the affiants did receive
counseling from me as to the nature and purpose of marriage, which
included a discussion of the seriousness of Covenant Marriage,
communication of the fact that a Covenant Marriage is for life, and the
obligation of a Covenant Marriage to take reasonable efforts to preserve
the marriage if marital difficulties arise.
_______________________________
Counselor
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 1999, No. 1298, ยง1.
A covenant marriage shall be governed by all of the provisions of
Chapters 1 through 4 of Title IV of Book I of the Louisiana Civil Code
and the provisions of Code Title IV of Code Book I of this Title.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 1997, No. 1380, ยง3.
A. On or after August 15, 1997, married couples may execute a
declaration of intent to designate their marriage as a covenant marriage
to be governed by the laws relative thereto.
B.(1) This declaration of intent in the form and containing the
contents required by Subsection C of this Section must be presented to
the officer 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, a copy of the foreign marriage certificate, which
need not be certified, with the declaration of intent attached thereto,
shall be filed with the officer who issues marriage licenses in the
parish in which the couple is domiciled. The officer shall 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.
(2) On or before the fifteenth day of each calendar month, the officer
shall forward to the state registrar of vital records each declaration
of intent of a covenant marriage filed with him during the preceding
calendar month pursuant to this Section.
C.(1) A declaration of intent to designate a marriage as a covenant marriage shall contain all of the following:
(a) A recitation signed by both parties to the following effect:
"A COVENANT MARRIAGE
We do solemnly declare that marriage is a covenant between a man and a
woman who agree to live together as husband and wife for so long as they
both may live. We understand the nature, purpose, and responsibilities
of marriage. We have read the Covenant Marriage Act, and we understand
that a Covenant Marriage is for life. If we experience marital
difficulties, we commit ourselves to take all reasonable efforts to
preserve our marriage, including marital counseling.
With full knowledge of what this commitment means, we do hereby declare
that our marriage will be bound by Louisiana law on Covenant Marriage,
and we renew our promise to love, honor, and care for one another as
husband and wife for the rest of our lives."
(b)(i) An affidavit by the parties that they have discussed their
intent to designate their marriage as a covenant marriage with a priest,
minister, rabbi, clerk of the Religious Society of Friends, any
clergyman of any religious sect, or a professional marriage counselor,
which included a discussion of the obligation to seek marital counseling
in times of marital difficulties and that they have received and read
the informational pamphlet developed and promulgated by the office of
the attorney general entitled "Covenant Marriage Act" which provides a
full explanation of the terms and conditions of a Covenant Marriage.
(ii) An attestation signed by the counselor confirming that the parties
were counseled as to the nature and purpose of the marriage.
(iii) The signature of both parties witnessed by a notary.
(2) The declaration shall contain two separate documents, the
recitation and the affidavit, the latter of which shall include the
attestation either included therein or attached thereto. The recitation
shall be prepared in duplicate originals, one of which shall be
retained by the parties and the other, together with the affidavit and
attestation, shall be filed as provided in Subsection B of this Section.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 1997, No. 1380, ยง3; Acts 1999, No. 1298, ยง1.
A. The following is suggested as a form for the recitation which may be used by the couple:
"DECLARATION OF INTENT
We do solemnly declare that marriage is a covenant between a man and a
woman who agree to live together as husband and wife for so long as they
both may live. We understand the nature, purpose, and responsibilities
of marriage. We have read the Covenant Marriage Act, and we understand
that a Covenant Marriage is for life. If we experience marital
difficulties, we commit ourselves to take reasonable efforts to preserve
our marriage, including marital counseling.
With full knowledge of what this commitment means, we do hereby declare
that our marriage will be bound by Louisiana law on Covenant Marriage,
and we renew our promise to love, honor, and care for one another as
husband and wife for the rest of our lives."
B. The following is the suggested form of the affidavit which may be used by the parties, notary, and counselor:
STATE OF LOUISIANA
PARISH OF _________________
BE IT KNOWN THAT on this ____ day of ________, ________, before me the undersigned notary, personally came and appeared:
____________________________________
(Insert names of spouses)
who after being sworn by me, Notary, deposed and stated that:
Affiants acknowledge that they have received counseling from a priest,
minister, rabbi, clerk of the Religious Society of Friends, any
clergyman of any religious sect, or a professional marriage counselor,
which counseling included:
A discussion of the seriousness of Covenant Marriage;
Communication of the fact that a Covenant Marriage is a commitment for life;
The obligation of a Covenant Marriage to take reasonable efforts to preserve the marriage if marital difficulties arise, and
That the affiants both read the pamphlet entitled "The Covenant Marriage
Act" developed and promulgated by the office of the attorney general,
which provides a full explanation of a Covenant Marriage, including the
obligation to seek marital counseling in times of marital difficulties
and the exclusive grounds for legally terminating a Covenant Marriage by
divorce or divorce after a judgment of separation from bed or board.
____________________________
(Name of Spouse)
____________________________
(Name of Spouse)
SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF ___________, _______.
__________________________
NOTARY PUBLIC
ATTESTATION
The undersigned does hereby attest that the affiants did receive
counseling from me as to the nature and purpose of marriage, which
included a discussion of the seriousness of Covenant Marriage,
communication of the fact that a Covenant Marriage is for life, and the
obligation of a Covenant Marriage to take reasonable efforts to preserve
the marriage if marital difficulties arise.
________________________
Counselor
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 1999, No. 1298, ยง1.
A. No person shall have a cause of action against any priest,
minister, rabbi, clerk of religious society of friends, or any clergyman
of any religious sect, for any action taken or statement made in
adherence with the provisions for counseling as provided for in this
Part.
B. The immunity from liability provided for in Subsection A of this
Section, shall not apply to any action or statement by such priest,
minister, rabbi, clerk of religious society of friends, or any clergyman
of any religious sect, if such action or statement was maliciously,
willfully, and deliberately intended to cause harm to, or harass or
intimidate those seeking such counseling.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 1: Marriage General Principles
- Part VII: Covenant Marriage
Acts 2003, No. 778, ยง1.
Spouses may not sue each other except for causes of action
pertaining to contracts or arising out of the provisions of Book III,
Title VI of the Civil Code; for restitution of separate property; for
divorce or declaration of nullity of the marriage; and for causes of
action pertaining to spousal support or the support or custody of a
child while the spouses are living separate and apart.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part I: In General
Acts 1990, No. 1009, ยง6, eff. Jan. 1, 1991; Acts 2004, No. 490, ยง3.
Notwithstanding any other law to the contrary, a woman, at her
option, may use her maiden name, her present spouse's name, or a
hyphenated combination thereof. If widowed, divorced, or remarried, a
woman may use her maiden name, the surname of her deceased or former
spouse, the surname of her present spouse, or any combination thereof.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part I: In General
Acts 2003, No. 852, ยง1; Acts 2004, No. 118, ยง1.
Spouses in a covenant marriage are subject to all of the laws
governing married couples generally and to the special rules governing
covenant marriage.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part II: Special Incidents and Effects of Covenant Marriage
Acts 2004, No. 490, ยง1.
Spouses owe each other love and respect and they commit to a
community of living. Each spouse should attend to the satisfaction of
the other's needs.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part II: Special Incidents and Effects of Covenant Marriage
Acts 2004, No. 490, ยง1.
Spouses are bound to live together, unless there is good cause
otherwise. The spouses determine the family residence by mutual
consent, according to their requirements and those of the family.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part II: Special Incidents and Effects of Covenant Marriage
Acts 2004, No. 490, ยง1.
The management of the household shall be the right and the duty of both spouses.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part II: Special Incidents and Effects of Covenant Marriage
Acts 2004, No. 490, ยง1.
Spouses by mutual consent after collaboration shall make decisions
relating to family life in the best interest of the family.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part II: Special Incidents and Effects of Covenant Marriage
Acts 2004, No. 490, ยง1.
Spouses by mutual consent after collaboration shall make decisions
relating to family life in the best interest of the family.
Louisiana Revised Statutes - Title 9: Civil Code-Ancillaries -
Code Title IV: Husband and Wife - Chapter 2: Incidents and Effects of
Marriage - Part II: Special Incidents and Effects of Covenant Marriage
Acts 2004, No. 490, ยง1.