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Texas Family Code - Section 2.401. Proof Of Informal Marriage

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 2.401. Proof Of Informal Marriage

§ 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, § 1, eff. April 17, 1997.  
Amended by Acts 1997, 75th Leg., ch. 1362, § 1, eff. Sept. 1, 
1997;  Acts 2005, 79th Leg., ch. 268, § 4.12, eff. Sept. 1, 2005.

Last modified: August 11, 2007