§ 9-11-801. Title

This subchapter shall be known and may be cited as the “Covenant Marriage Act of 2001”.

§ 9-11-802. Definitions

As used in this subchapter: (1) “Authorized counseling” means marital counseling provided by: (A) A priest; (B) A minister; (C) A rabbi; (D) A clerk of the Religious Society of Friends; (E) Any clergy member of any religious sect or a designated representative; (F) A marriage educator approved by the person who will perform the […]

§ 9-11-803. Covenant marriage

(a) (1) A covenant marriage is a marriage entered into by one (1) male and one (1) female who understand and agree that the marriage between them is a lifelong relationship. (2) Parties to a covenant marriage will have received authorized counseling emphasizing the nature, purposes, and responsibilities of marriage. (3) Only when there has […]

§ 9-11-804. Content of declaration of intent

(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: (2) An affidavit by the parties that they have received authorized counseling that shall include a discussion of the seriousness of covenant marriage, communication of the fact that […]

§ 9-11-805. Form of affidavit

The following is the suggested form of the affidavit that may be used by the parties, notary, and counselor: “STATE OF ARKANSAS COUNTY OF BE IT KNOWN THAT on this day of , , before me the undersigned notary, personally came and appeared: and who after being duly sworn by me, a notary, deposed and […]

§ 9-11-806. Other applicable rules

A covenant marriage shall be governed by all of the provisions of this title, except as otherwise specifically provided in this subchapter.

§ 9-11-807. Applicability to already married couples

(a) A married couple, upon submission of a copy of their marriage certificate, which need not be certified, may execute a declaration of intent to designate their marriage as a covenant marriage to be governed by this subchapter. (b) This declaration of intent in the form and containing the contents required by subsection (c) of […]

§ 9-11-808. Divorce or separation

(a) Notwithstanding any other law to the contrary and subsequent to the parties’ obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following: (1) The other spouse has committed adultery; (2) The other spouse has committed a felony or other infamous crime; […]

§ 9-11-809. Suit against spouse — Separation

(a) Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action: (1) Pertaining to contracts; (2) For restitution of separate property; (3) For judicial separation in covenant marriages; (4) For divorce or for declaration of nullity of the marriage; and (5) For causes of action pertaining to […]

§ 9-11-810. Effects of separation

(a) Judicial separation in a covenant marriage does not dissolve the bond of matrimony since the separated husband and wife are not at liberty to marry again, but it puts an end to their conjugal cohabitation and to the common concerns that existed between them. (b) Spouses who are judicially separated in a covenant marriage […]

§ 9-11-811. Informational pamphlet

(a) The Administrative Office of the Courts shall promulgate an informational pamphlet, entitled “Covenant Marriage Act of 2001”, which shall outline in sufficient detail the consequences of entering into a covenant marriage. (b) The informational pamphlet shall be made available to any counselor who provides authorized counseling as provided for by this subchapter.