HF 239

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage; requiring counseling before the 
  1.3             marriage ceremony on certain responsibilities and 
  1.4             consequences; providing for written marriage 
  1.5             contracts; requiring mediation; proposing coding for 
  1.6             new law in Minnesota Statutes, chapters 517 and 518. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [517.095] [PREMARITAL COUNSELING.] 
  1.9      A person who solemnizes a marriage or a counselor chosen by 
  1.10  the parties shall, prior to the marriage ceremony, counsel the 
  1.11  parties in the following matters: 
  1.12     (1) the marriage vows they will take; 
  1.13     (2) responsibilities of husbands and wives to each other; 
  1.14     (3) responsibilities of parents to children; and 
  1.15     (4) the consequences of marriage dissolution and its known 
  1.16  effects on children. 
  1.17     At the conclusion of the counseling, the parties must be 
  1.18  given substantially the same information received during the 
  1.19  counseling in written form. 
  1.20     The preparation of the certificate pursuant to section 
  1.21  517.10 by the person performing the ceremony constitutes a 
  1.22  certification that the parties have been counseled and have 
  1.23  received the written information required by this section. 
  1.24     Sec. 2.  [517.22] [MARRIAGE CONTRACT.] 
  1.25     Subdivision 1.  [REQUIRED TERMS.] A written marriage 
  1.26  contract, to be enforceable, must contain the following 
  2.1   agreements between the parties, if children are born or adopted 
  2.2   during the marriage: 
  2.3      (1) the written marriage contract contains the exclusive 
  2.4   understanding and agreement between the parties regarding the 
  2.5   terms of continuance of their legal marital relationship. 
  2.6      (2) the marriage of the parties must not be dissolved or 
  2.7   otherwise modified except by mutual consent of the parties or 
  2.8   upon a showing by a preponderance of the evidence in an action 
  2.9   for marriage dissolution by one party of the fault of the other 
  2.10  party which constitutes grounds for the dissolution of the 
  2.11  marriage, as specified in the marriage contract.  In order to 
  2.12  justify the dissolution of the marriage of the parties, acts 
  2.13  which constitute fault must be set out in the marriage contract 
  2.14  and must not be contrary to public policy. 
  2.15     Subd. 2.  [FAULT.] Acts which constitute fault may include: 
  2.16     (1) consent to the marriage by the party who is petitioning 
  2.17  for dissolution, legal separation, or a declaration concerning 
  2.18  validity was obtained by force, duress, or fraud of the other 
  2.19  party; 
  2.20     (2) the party filing the petition for dissolution, legal 
  2.21  separation, or declaration concerning validity was incapable of 
  2.22  consenting to the marriage because of physical or mental 
  2.23  incompetence; 
  2.24     (3) a party commits adultery; 
  2.25     (4) a party is infected with a sexually transmitted disease 
  2.26  and the party filing the petition for dissolution, legal 
  2.27  separation, or declaration concerning validity was unaware at 
  2.28  the time of the marriage that the other party was so infected; 
  2.29     (5) a party has abandoned the relationship or has 
  2.30  disappeared for one or more years; 
  2.31     (6) a party has a habitual and ongoing addiction to alcohol 
  2.32  or drugs; 
  2.33     (7) a party is continually neglecting or refusing to make 
  2.34  reasonable provision for the basic needs of the family; 
  2.35     (8) a party has been imprisoned in a state, federal, or 
  2.36  foreign prison for at least two years; 
  3.1      (9) a party is continually treating the other party, or any 
  3.2   minor child residing in the home of the parties, with physical 
  3.3   abuse or extreme mental cruelty or has committed sexual abuse of 
  3.4   any child residing in the parties' home; 
  3.5      (10) a party is determined to be legally insane; or 
  3.6      (11) any other action or circumstances agreed to by both 
  3.7   parties at the time the marriage contract is signed. 
  3.8      Subd. 3.  [WAITING PERIOD.] There must be a waiting period 
  3.9   of one year before dissolution of a marriage subject to a 
  3.10  written contract under this section can become final. 
  3.11     Sec. 3.  [518.132] [REQUIRED MEDIATION.] 
  3.12     Upon the filing of a petition for marriage dissolution, the 
  3.13  court must promptly refer the parties to a marriage counselor 
  3.14  agreed upon by both parties and chosen from a list maintained by 
  3.15  the court.  The parties must show evidence that they have 
  3.16  attended a minimum of five sessions before they proceed with any 
  3.17  motions other than those for temporary support, maintenance, 
  3.18  custody, visitation, or protection or attorney's fees.