2001 Az. Law on Covenant Marriage and Upgrade Licensing


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2001 Arizona House Bill No. 2536

House Engrossed

VERSION: Enacted
April 21, 2001
Hatch-Miller

AMENDING SECTIONS 25-121 AND 25-902, ARIZONA REVISED STATUTES; RELATING TO
MARRIAGE LICENSE, CEREMONY AND RECORD.


TEXT:
Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 25-121, Arizona Revised Statutes, is amended to read:

25-121. Marriage license; application; affidavit

A. Persons shall not be joined in marriage in this state until a license
has been obtained for that purpose from the clerk of the superior court in any
county of this state. This subsection does not apply to the conversion of an
existing marriage that is valid in this state to a covenant marriage pursuant
to section 25-902.

B. Persons who wish to marry shall apply to the clerk of the superior
court for a license and shall complete and sign under oath an affidavit
provided by the clerk that states EACH APPLICANT'S NAME,
AGE, RESIDENTIAL ADDRESS AND SOCIAL SECURITY NUMBER. The affidavit shall
include a statement by the applicants that they understand that information on
sexually transmitted diseases is available from the county health department
on request and that these diseases may be transmitted to their unborn
children. The affidavit shall be filed by the clerk who shall then issue to
the applicants a license directed to the persons authorized by law to
solemnize marriage and shall collect the fee prescribed by section 12-284.
The license is sufficient authority for any AUTHORIZED
person to solemnize the marriage. The marriage license shall state that the
marriage license expires one year from the date of issuance of the license.

C. EXCEPT TO THE DEPARTMENT OF ECONOMIC SECURITY FOR THE PURPOSE OF
CHILD SUPPORT ENFORCEMENT, THE SOCIAL SECURITY NUMBER PROVIDED TO THE SUPERIOR
COURT PURSUANT TO SUBSECTION B OF THIS SECTION FOR AN APPLICANT'S MARRIAGE
LICENSE SHALL NOT BE RELEASED TO ANY PERSON OR ENTITY UNLESS THE APPLICANT
REQUESTS IN WRITING THAT THE INFORMATION BE RELEASED. THE PROVISIONS OF THIS
SUBSECTION SHALL APPEAR IN EACH APPLICATION FOR A MARRIAGE LICENSE.

Sec. 2. Section 25-902, Arizona Revised Statutes, is amended to read:

25-902. Existing marriages; conversion to covenant marriage; recording
requirements

A husband and wife may enter into a covenant marriage by submitting to the
clerk of the superior court or any other official designated by the clerk
pursuant to section 25-126 or 25-127 the declaration prescribed in section
25-901, subsection B, paragraphs 1 and 3 and a sworn statement of THEIR NAMES
and the date and place their marriage was contracted and by paying the fee
prescribed in section 12-284, subsection A. The clerk shall file all
documentation required by this section and shall issue to the husband and wife
a certificate that documents the conversion. A husband and wife who apply for
a covenant marriage conversion under this section are not required to receive
premarital counseling required by section 25-901 and are not required to have
the converted covenant marriage separately solemnized. Conversion to a
covenant marriage does not make valid a marriage that is prohibited pursuant
to this title or that is not validly contracted in this state.


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