What Is Covenant Marriage? Understanding the Legal Commitment Behind the Name

Covenant marriage is a legally recognized type of marriage available in certain states, which allows couples to be held to certain additional laws in order to obtain a divorce. It is a commitment to each other that is withstood even in tough times, and it involves taking a few extra steps before filing for divorce.

The Origins of Covenant Marriage

The idea of covenant marriage first began to appear in the mid-1990s as a response to the increasing divorce rate in the United States. It was meant to be an indication of a couple’s dedication to their marriage and their commitment to “till death do us part.”

How Does Covenant Marriage Differ?

To get married as a covenant marriage, both parties must meet certain criteria and express their consent explicitly. The required steps include pre-marital couple counseling and a signed Declaration of Intent to enter into the covenant marriage prior to the actual wedding ceremony. When someone enters into this type of marriage, they must resort to mediation, counseling or whatever other form of alternative dispute resolution necessary before they can actually file for divorce.

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The Benefits of Covenant Marriage

By forcing couples to pursue alternative avenues of dispute resolution before resorting to a legal separation or divorce, covenant marriages help couples better understand and recognize the issues they are facing in their relationship and gives them a chance to mend their marriage in an open setting. Those who make the conscious decision to enter into a covenant marriage are more likely to take initiative and see if their relationship can survive despite any issues that may arise. Ultimately, it’s a way for couples to commit to one another. It’s a public declaration of support and understanding, allowing both parties to be heard and to better themselves and their relationship.

The Downsides of Covenant Marriage

One of the main downsides of covenant marriage is the requirement of attending pre-marital counseling sessions and completing a declaration of intent. This can be a time-consuming and difficult process, and many couples simply don’t have the time or money to complete the process. In addition, there have been cases where couples are unaware of the legalities involved in signing the declaration and getting the counseling sessions. In some cases, it may be difficult for couples to reverse a covenant marriage, as it can be a lengthy process.

Related Legal Concepts

Covenant marriage intersects with several fundamental family law concepts. Understanding the distinction between covenant marriage and traditional marriage is essential, as both require a marriage license and marriage certificate but involve different legal obligations. The dissolution of marriage process varies significantly between these marriage types, with covenant marriages requiring additional steps before divorce proceedings can begin. These arrangements also relate to the broader covenant principle in law, which establishes binding commitments between parties with specific performance requirements.

The Bottom Line

Covenant marriage represents a legally distinct form of marital commitment that requires additional counseling, waiting periods, and dispute resolution before divorce becomes available. While only offered in select states, it provides couples with a framework for deeper commitment while creating more restrictive divorce requirements. For guidance specific to your situation, always consult a qualified, licensed attorney.