State Codes and Statutes

Statutes > Texas > Family-code > Title-1-the-marriage-relationship > Chapter-1-general-provisions

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE A. MARRIAGE

CHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER A. DEFINITIONS

Sec. 1.001. APPLICABILITY OF DEFINITIONS. (a) The definitions

in this subchapter apply to this title.

(b) Except as provided by this subchapter, the definitions in

Chapter 101 apply to terms used in this title.

(c) If, in another part of this title, a term defined by this

subchapter has a meaning different from the meaning provided by

this subchapter, the meaning of that other provision prevails.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.002. COURT. "Court" means the district court, juvenile

court having the jurisdiction of a district court, or other court

expressly given jurisdiction of a suit under this title.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for

dissolution of a marriage" includes a suit for divorce or

annulment or to declare a marriage void.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

SUBCHAPTER B. PUBLIC POLICY

Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to promote

the public health and welfare and to provide the necessary

records, this code specifies detailed rules to be followed in

establishing the marriage relationship. However, in order to

provide stability for those entering into the marriage

relationship in good faith and to provide for an orderly

determination of parentage and security for the children of the

relationship, it is the policy of this state to preserve and

uphold each marriage against claims of invalidity unless a strong

reason exists for holding the marriage void or voidable.

Therefore, every marriage entered into in this state is presumed

to be valid unless expressly made void by Chapter 6 or unless

expressly made voidable by Chapter 6 and annulled as provided by

that chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two or

more marriages of a person to different spouses are alleged, the

most recent marriage is presumed to be valid as against each

marriage that precedes the most recent marriage until one who

asserts the validity of a prior marriage proves the validity of

the prior marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this state

applies to persons married elsewhere who are domiciled in this

state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly provided by

statute or by the constitution, a person, regardless of age, who

has been married in accordance with the law of this state has the

capacity and power of an adult, including the capacity to

contract.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.105. JOINDER IN CIVIL SUITS. (a) A spouse may sue and

be sued without the joinder of the other spouse.

(b) When claims or liabilities are joint and several, the

spouses may be joined under the rules relating to joinder of

parties generally.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right of

action by one spouse against a third party for criminal

conversation is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right of

action by one spouse against a third party for alienation of

affection is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A promise

or agreement made on consideration of marriage or nonmarital

conjugal cohabitation is not enforceable unless the promise or

agreement or a memorandum of the promise or agreement is in

writing and signed by the person obligated by the promise or

agreement.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

State Codes and Statutes

Statutes > Texas > Family-code > Title-1-the-marriage-relationship > Chapter-1-general-provisions

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE A. MARRIAGE

CHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER A. DEFINITIONS

Sec. 1.001. APPLICABILITY OF DEFINITIONS. (a) The definitions

in this subchapter apply to this title.

(b) Except as provided by this subchapter, the definitions in

Chapter 101 apply to terms used in this title.

(c) If, in another part of this title, a term defined by this

subchapter has a meaning different from the meaning provided by

this subchapter, the meaning of that other provision prevails.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.002. COURT. "Court" means the district court, juvenile

court having the jurisdiction of a district court, or other court

expressly given jurisdiction of a suit under this title.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for

dissolution of a marriage" includes a suit for divorce or

annulment or to declare a marriage void.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

SUBCHAPTER B. PUBLIC POLICY

Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to promote

the public health and welfare and to provide the necessary

records, this code specifies detailed rules to be followed in

establishing the marriage relationship. However, in order to

provide stability for those entering into the marriage

relationship in good faith and to provide for an orderly

determination of parentage and security for the children of the

relationship, it is the policy of this state to preserve and

uphold each marriage against claims of invalidity unless a strong

reason exists for holding the marriage void or voidable.

Therefore, every marriage entered into in this state is presumed

to be valid unless expressly made void by Chapter 6 or unless

expressly made voidable by Chapter 6 and annulled as provided by

that chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two or

more marriages of a person to different spouses are alleged, the

most recent marriage is presumed to be valid as against each

marriage that precedes the most recent marriage until one who

asserts the validity of a prior marriage proves the validity of

the prior marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this state

applies to persons married elsewhere who are domiciled in this

state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly provided by

statute or by the constitution, a person, regardless of age, who

has been married in accordance with the law of this state has the

capacity and power of an adult, including the capacity to

contract.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.105. JOINDER IN CIVIL SUITS. (a) A spouse may sue and

be sued without the joinder of the other spouse.

(b) When claims or liabilities are joint and several, the

spouses may be joined under the rules relating to joinder of

parties generally.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right of

action by one spouse against a third party for criminal

conversation is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right of

action by one spouse against a third party for alienation of

affection is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A promise

or agreement made on consideration of marriage or nonmarital

conjugal cohabitation is not enforceable unless the promise or

agreement or a memorandum of the promise or agreement is in

writing and signed by the person obligated by the promise or

agreement.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.


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State Codes and Statutes

Statutes > Texas > Family-code > Title-1-the-marriage-relationship > Chapter-1-general-provisions

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE A. MARRIAGE

CHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER A. DEFINITIONS

Sec. 1.001. APPLICABILITY OF DEFINITIONS. (a) The definitions

in this subchapter apply to this title.

(b) Except as provided by this subchapter, the definitions in

Chapter 101 apply to terms used in this title.

(c) If, in another part of this title, a term defined by this

subchapter has a meaning different from the meaning provided by

this subchapter, the meaning of that other provision prevails.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.002. COURT. "Court" means the district court, juvenile

court having the jurisdiction of a district court, or other court

expressly given jurisdiction of a suit under this title.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for

dissolution of a marriage" includes a suit for divorce or

annulment or to declare a marriage void.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

SUBCHAPTER B. PUBLIC POLICY

Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to promote

the public health and welfare and to provide the necessary

records, this code specifies detailed rules to be followed in

establishing the marriage relationship. However, in order to

provide stability for those entering into the marriage

relationship in good faith and to provide for an orderly

determination of parentage and security for the children of the

relationship, it is the policy of this state to preserve and

uphold each marriage against claims of invalidity unless a strong

reason exists for holding the marriage void or voidable.

Therefore, every marriage entered into in this state is presumed

to be valid unless expressly made void by Chapter 6 or unless

expressly made voidable by Chapter 6 and annulled as provided by

that chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two or

more marriages of a person to different spouses are alleged, the

most recent marriage is presumed to be valid as against each

marriage that precedes the most recent marriage until one who

asserts the validity of a prior marriage proves the validity of

the prior marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this state

applies to persons married elsewhere who are domiciled in this

state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly provided by

statute or by the constitution, a person, regardless of age, who

has been married in accordance with the law of this state has the

capacity and power of an adult, including the capacity to

contract.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.105. JOINDER IN CIVIL SUITS. (a) A spouse may sue and

be sued without the joinder of the other spouse.

(b) When claims or liabilities are joint and several, the

spouses may be joined under the rules relating to joinder of

parties generally.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right of

action by one spouse against a third party for criminal

conversation is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right of

action by one spouse against a third party for alienation of

affection is not authorized in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.

Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A promise

or agreement made on consideration of marriage or nonmarital

conjugal cohabitation is not enforceable unless the promise or

agreement or a memorandum of the promise or agreement is in

writing and signed by the person obligated by the promise or

agreement.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,

1997.


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