What Is a Covenant Marriage?

Before 1969, courts only granted divorce if one spouse could prove the other had wronged them in some way. California adopted the first no-fault divorce law, which permitted couples to end their marriage without such grounds. Since then, no-fault divorce became the norm and divorce rates have drastically risen.

Under covenant marriage laws, couples can still opt for an "until-death-do-us-part" contract that legally forces them to work to preserve their marriage. Covenant marriages are surprisingly rare; only 1%-3% of couples choose this arrangement.

In this article, we’ll break down what a covenant marriage is, how it differs from other marriage agreements, its legal requirements, and what states grant this unique union. 

Covenant marriage explained

A covenant marriage is a legally distinct marriage contract that binds two people who enter a marriage with the strong intent to make it last for the rest of their lives. To divorce from a covenant marriage, a spouse has to prove one of a few scenarios as grounds to dissolve the union. Often, couples enter this type of contract for religious reasons or to align with their personal values and morals.

Some praise it as a means to reduce divorce rates, encourage commitment, and promote a stable family structure. In a society where divorce is commonplace, covenant marriages force spouses to seek marriage counseling before they can petition for legal separation.

That said, there are strict requirements for entering and exiting such a marriage. These requirements can make ending the relationship difficult. Critics point out that there can be unfortunate implications for those in unhealthy partnerships, and financially burdensome for those who can't provide sufficient evidence that divorce is necessary.

Covenant marriage states

Currently, a covenant marriage is only available in three states.

1. Louisiana was the first state to pass a covenant marriage law in 1997. At most, 5% of couples have opted for this type of marriage.
2. Arizona legalized covenant marriages in 1998. In Arizona, spouses may file for divorce if both parties agree to the decision.
3. Arkansas passed covenant marriage law in 2001. Even in the event of abuse, couples in covenant marriages must attend marriage counseling for at least one year before they can divorce.

All three states allow already married couples to convert their traditional marriage into a covenant marriage at any point.

Covenant marriage legal requirements

Because covenant marriages make it more difficult to get divorced, they also ensure that couples who want to enter this type of marriage are fully aware of the gravity of the agreement. To enter a covenant marriage, couples must first fulfill a few specific requirements.

Premarital counseling

Couples who wish to apply for a covenant marriage license must first attend premarital counseling provided by a clergy member or professional marriage counselor. In these sessions, they discuss the profound implications of covenant marriage as a union for life and the specific requirements for ending it.

Signing a declaration of intent

Once they have attended premarital counseling, couples must sign a declaration of intent. This document acknowledges a series of prerequisites:

1. They intend to live together for as long as they're both alive.
2. They've disclosed any details or beliefs that could damage their compatibility or desire to marry.
3. They've attended premarital counseling.
4. They'll attend marriage counseling should problems develop between them.
5. They agree to divorce only for particular reasons.

Agreeing to limited grounds for divorce ​

Although covenant marriages are intended to be a lifetime commitment, a spouse can still get a divorce under one of the following scenarios:

1. The respondent (the other spouse) committed adultery.
2. The respondent received a criminal sentence of life imprisonment or death.
3. Physical or sexual abuse of a spouse or child of either spouse.
4. The spouses have lived apart for at least two years.
5. The respondent habitually misuses alcohol or drugs or is cruel to the other spouse. 

Covenant marriage vs. traditional marriage

Covenant marriages and traditional marriages offer the same legal rights and responsibilities offered to married couples. So, how does a covenant marriage differ from a traditional marriage? 

Eligibility requirements

Although requirements vary by state, couples who meet the age minimum can enter a traditional marriage union by filling out a marriage license at a local court clerk. Some states require a waiting period once you've obtained the marriage license before you can hold a ceremony. However, premarital counseling is not a requirement.

The divorce process

Spouses may divorce from a traditional marriage for any reason in any state. Some states require a period of separation (where the couple lives apart) or information on why they're no longer compatible before they can finalize a divorce. 

While Arizona does allow couples under a covenant marriage to divorce if both spouses simply agree to dissolve the marriage, a no-fault divorce does not require the other spouse to agree to the divorce. 

The relationship between covenant marriages and prenups

While covenant marriages and prenuptial agreements serve different purposes, they both involve making agreements before marriage that affect the marital relationship and its potential dissolution, strengthening marital commitment and providing clarity.

Here’s how they compare:

Purpose and commitment

Covenant marriage emphasizes a more profound commitment to marriage by making divorce harder and requiring counseling. A prenup focuses on protecting individual assets and clarifying financial arrangements during a divorce. Both recognize the severe economic and emotional burden of divorce and offer ways to prepare.

Legal requirements

Covenant marriage requires pre-marital counseling and adherence to stricter divorce laws. A prenup requires full financial disclosure and legal formalities to ensure the agreement is enforceable. Both mandate a certain level of transparency before legally joining your assets.

Grounds for divorce

Covenant marriage restricts the grounds for divorce, making it harder to dissolve the marriage. A prenup does not typically affect the grounds for divorce but can influence the financial and property settlement upon divorce.

While covenant marriage doesn't prepare couples for a smoother process if divorce becomes necessary, it does encourage counseling, which could mitigate tensions.

Premarital planning

Covenant marriage involves premarital counseling to prepare for the challenges of marriage. A prenup involves discussions and agreements about financial matters to avoid disputes during a divorce. Both of these arrangements force you and your partner to discuss important topics—such as individual assets and values—before entering into a legal union.

Enforcement

State laws that govern marriage and divorce proceedings enforce the regulations of covenant marriages. A prenuptial agreement is a contract between spouses enforced by state laws governing contracts and marital agreements. While prenups recognize the practical financial implications of marriage and divorce, covenant marriages are often religiously or morally motivated.

Frequently asked questions

Can you get a prenup with a covenant marriage?

Yes, it's not only possible but also highly recommended. Marriage is not just a union of two people but also a union of their finances, properties, and potential debts. Your premarital counseling is an optimal time to discuss how you would like to handle these things once you are married and should it end.

What is the required counseling for covenant marriage?

Before entering a covenant marriage, you must meet with a religious clergy member or professional counselor to discuss the gravity of this union and any information that could affect your desire to marry. Before you can dissolve a covenant marriage, you must attempt to reconcile differences in marriage counseling.

Can couples convert a traditional marriage to a covenant marriage?

Yes, couples who are already married can convert to a covenant marriage in one of the three states that offer this option. However, a couple married through a covenant marriage cannot convert to a traditional marriage.

What are the pros and cons of covenant marriage?

While a covenant marriage encourages couples to deeply contemplate the seriousness of marriage and divorce before moving forward with one of these life-changing decisions, counseling is also available to couples entering or already in a traditional marriage.

Legal roadblocks to divorce may incentivize spouses to work harder to preserve their relationship. Still, these roadblocks can also create a severe financial and emotional burden for individuals who will genuinely benefit from a divorce.