At The Barbosa Law Firm, P. C., our legal staff gets inquiries almost daily regarding questions of whether or not an individual needs to get a divorce from a “common law marriage”. Most people refer to marriage without the formality of a license issued by the county or without the authority of a church or judge as a “common law marriage”. Under the Texas Family Code, the relationship between 2 individuals which they consider a “marriage” is officially called an “informal marriage”.
What Is Considered The Proof of an Informal Marriage?
In a judicial, administrative, or other proceedings, the marriage between two persons may be proved by evidence that 1) a declaration of their marriage has been signed as provided by the Texas Family Code, section 2.401. Or, that the persons agreed to be married and after the agreement, they lived together in this state as husband and wife and they represented to others that they were in fact married to each other.
Is an Informal Marriage Ever Automatically Terminated?
This is a question that is important to anyone believing they are in a common-law marriage. If a court proceeding in which a marriage is to be proved as provided by the Texas Family Code is not commenced before the second anniversary of the date on which the parties separated and stopped living together as spouses, it is a rebuttable presumption that the parties did not enter into an agreement to be married and be husband and wife.
How Old Do I Have to be Informally Married to Someone?
A person under 18 years of age may not be a party to an informal marriage; or, execute a declaration of an informal marriage under the Texas Family Code.
Secondly, 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 person to the informal marriage or declaration of an informal marriage.
What if I did not Register a Declaration of Informal Marriage with the County Clerk?
If the parties have not executed and registered a declaration of informal marriage as prescribed under the Texas Family Code section 2.402, the party claiming the existence of a marriage must establish that he or she has met the statutory requirements for an informal marriage enumerated in the Texas Family Code and had the capacity to enter into the marriage.
The following parties cannot enter into an informal marriage:
- a person under the age of eighteen.
- related parties (including an ancestor or descendant, whether by blood or adoption; a brother or sister, whether by whole or half blood or by adoption.
- a parent’s brother or sister; a brother’s or sister’s son or daughter.
- and a person who is presently married to someone else who is not the party to the informal marriage.
The informal marriage begins when all the statutory elements are concurrently satisfied in Texas and the parties have the capacity to marry. an informal marriage, like a ceremonial marriage, lasts until it is dissolved by death, divorce (see our divorce attorney services), or annulment.
An informal marriage has the same legal consequences and effects as a ceremonial marriage.