Texas Marriage Laws | § 2.401

Texas Family Code 2.401

PROOF OF INFORMAL MARRIAGE

(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.12, eff. September 1, 2005.

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§ 2.012 VIOLATION BY COUNTY CLERK; PENALTY
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§ 2.402 DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE
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§ 1.101 EVERY MARRIAGE PRESUMED VALID
§ 2.002 APPLICATION FOR LICENSE
§ 2.004 APPLICATION FORM
§ 2.009 ISSUANCE OF LICENSE
§ 2.405 VIOLATION BY COUNTY CLERK; PENALTY
§ 2.006 ABSENT APPLICANT
§ 2.007 AFFIDAVIT OF ABSENT APPLICANT
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§ 2.013 PREMARITAL EDUCATION COURSES
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§ 2.401 PROOF OF INFORMAL MARRIAGE
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