Skip to content

by Tracy Ann Moore-Grant

Have you heard of “Covenant Marriage”? A covenant marriage is one based in religious rules and structure which may differ significantly than the legal requirements for a marriage or for a divorce. Although parties are often legally married, they are governed more by religion than the law when it comes to both marriage and divorce.

1. What is the purpose behind covenant marriage?

Covenant marriage aims to strengthen the institution of marriage by making divorce more difficult and emphasizing commitment. Couples who enter a covenant marriage agree to undergo premarital counseling, accept stricter legal requirements for divorce, and commit to seeking marital counseling from religious leaders or even a religion based mediation before separation. The goal is to reduce divorce rates and encourage long-term, stable relationships.

It is important to note that the requirements of covenant marriage may vary greatly based on each faith and that the requirements for a covenant marriage or divorce are not the same as what is required by law in any particular jurisdiction.

2. Are more states are opting into covenant marriage?

Some states are considering covenant marriage as a way to address high divorce rates and reinforce traditional family values. Proponents argue that it strengthens marriages by requiring couples to fully consider the seriousness of their commitment before marrying or divorcing. Additionally, policymakers who support conservative or religious values may advocate for covenant marriage as a way to encourage more stable family structures.

3. Covenant marriage isn’t mandatory, and marriage is a legal relationship, so why are there laws about it?

While covenant marriage is not mandatory, states that offer it aim to provide an option for couples who want a legally binding commitment with fewer paths to divorce. Laws promoting covenant marriage create an alternative to traditional marriage, giving couples the choice to make a stronger commitment upfront. By having legal frameworks in place, states support individuals who prioritize marriage stability and lifelong commitment. There are several states in the United States that are moving towards a more conservative marriage framework and are attempting to eliminate no fault divorce and other methods which make ending a marriage both easier and cheaper. It should also be noted that more conservative states, like Texas and Florida, have also moved to remove alimony. This means that if a financially disadvantaged spouse does leave a marriage, which is statistically women, they would not be getting financial support. Often these are stay at home mothers who have no recent income as the family was involved in a more traditional family dynamic.

4. What are the pros and cons of covenant marriage?

**Pros:**
– Encourages couples to seriously consider their commitment before marriage.
– Requires counseling, which may help prevent rushed or ill-advised marriages.
– Reduces the likelihood of quick divorces, potentially leading to stronger family stability.
– May align with religious or personal beliefs about marriage permanence.

**Cons:**
– Makes divorce more difficult, which can trap people in unhappy or abusive relationships.
– Limits individual freedom in ending a marriage.
– Disproportionately affects women who are usually the divorce decision makers choosing to be the one moving forward with a divorce 65% of the time or more
-Makes divorce difficult or impossible in situations involving financial dependence, coercive control or domestic abuse.
-Makes divorce longer
-Could increase interaction between parties, such as in counseling, which can increase the possibility of domestic violence
– The added requirements may discourage people from opting into marriage at all and instead choosing cohabitation without marriage which presents a new set of legal problems
-Does not recognize LGBTQ+ marriages or marriage equality
-agreement reached in a covenant based mediation often are not consistent with legal requirements (example being state child support laws) causing more conflict and confusion as religions officials should not be engaging in the unauthorized practice of law and by taking on these roles, they are.

5. Does covenant marriage allow for younger people to get married?

Covenant marriage does not specifically lower the minimum marriage age as that continues to be governed by state law (with 4 states setting no age requirement at all), but some religious and conservative advocates support both covenant marriage and lower marriage ages. The requirements for premarital counseling might help prevent impulsive young marriages, but overall, covenant marriage laws do not change existing state laws on minimum marriage age.

6. Who is pushing for covenant marriage (is it the church)?

Religious groups, particularly conservative Christian organizations, have been strong advocates for covenant marriage. They see it as a way to reinforce traditional marriage values and reduce divorce rates. Some politicians and policymakers who align with conservative and family-values platforms also promote covenant marriage as a legal alternative to traditional marriage. Other established religions like Islam and Hindu faiths have often had separate marriage and divorce rules for their particular congregations.

These same proponents support the abolishment of no fault divorce which would mean in order to obtain a divorce a Judge would need to find one party at legal fault in order for a divorce to be granted. This change would not protect domestic violence victims, would substantially increase the cost and conflict of a divorce and could paralyze an already over burdened court system. To hire the staff and judges to handle this change would also increase taxes.

7. Is covenant marriage on the rise?

Covenant marriage has not gained widespread adoption, as only a few states (such as Louisiana, Arizona, and Arkansas) currently offer it. While some conservative states may introduce similar laws, it is unlikely to become a nationwide trend. Many people prefer the flexibility of traditional marriage laws, and the extra restrictions may deter couples from choosing a covenant marriage. However, if divorce rates continue to be a social concern, some policymakers may push for expanded covenant marriage options and we may see more of this in conservative states in the future. Even if someone has a covenant marriage, they should still understand they can proceed with a legal divorce if they need to circumvent divorce requirements in their religion.

8. Is it difficult to get out of a covenant marriage?

The purpose is in part to make divorce more difficult and to promote saving the marriage. Often parties pursuing divorce are required to attend extensive counseling before being given a green light from their faith. If only one person is pursuing a divorce and the other wants to stay married, a covenant marriage may be hard to exit and these parties should seek legal assistance in their area.

If you are needing more information about covenant marriage or divorce, please look to our Membership Directory to find a vetted professional in your area to assist you.