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The Least You The Least You Need to Know:Need to Know:
Marriage Marriage RegistrationRegistration
StatutesStatutesDerek Johnson, Field ServicesDerek Johnson, Field Services
Vital Statistics UnitVital Statistics Unit
OverviewOverview• The Statutes• Texas Family Code
– General Provisions– The Marriage Relationship
• New This Legislative Session
• Knowledge Checks• Resources
The StatutesThe Statutes• Chapter 1 of Texas Family
Code outlines general policy provisions regarding marriage in Texas
• Chapter 2 of the Texas Family Code defines the marriage relationship
Texas Family CodeTexas Family Code
Chapter 1General Provisions
Public Policy
IntroductionIntroduction
• Sections 1.101 through 1.103 declare that a marriage is valid unless made void – Reflects long standing rule in
American law– When two or more marriages
are alleged, most recent marriage is presumed valid
Marriage Presumed ValidMarriage Presumed Valid
Every marriage entered into in this state is presumed to be valid – Promote public health and welfare– Provide stability for those entering
into marriage relationship– Can be voided by Chapter 6 of the
Texas Family Code
Most Recent Marriage Most Recent Marriage Presumed ValidPresumed Valid
When someone alleges two or more marriages of a person to different spouses, the most recent marriage is presumed valid
Persons Married ElsewherePersons Married Elsewhere
Texas law applies to persons married elsewhere who live here
Knowledge CheckKnowledge Check
Chapter 1General Provisions
Texas Family CodeTexas Family Code
Chapter 2The Marriage Relationship
Application for Marriage License
Marriage LicenseMarriage License
• A man and woman wishing to enter a ceremonial must get a marriage license from the county clerk of any county in this state
• A license may not be issued for persons of the same sex
Application for LicenseApplication for License
Each Applicant must:
• Appear before the county clerk• Submit proof of identity and age• Provide information applicable to
that person• Mark the appropriate boxes
provided in the application• Take the oath printed on the
application• Sign the application before the
county clerk
Application FormApplication FormEach Applicant must:• Indicate they are not related to the
other Applicant• Indicate that neither Applicant is
presently married• Provide their social security numbers,
if any• Indicate they have not been divorced
within the last 30 days• Answer the question concerning
delinquent child support
Proof of Age & IdentityProof of Age & Identity
• Applicant must provide a valid, current, and correct document issued by Texas, another state, the US government or a foreign government that establishes identification and age
• Names should be recorded on the application and license as they appear on document accepted
Absent ApplicantAbsent Applicant• Applicants unable to appear before the
county clerk to obtain a marriage license may allow any adult person or the other applicant to apply on their behalf
• Absent Applicants under 18 years old must also provide proper documentation– Documents establishing consent by a parent
or person with legal authority are allowed
• At least one Applicant must be present unless each Applicant provides an affidavit stating:– On active military duty – Confined to a correctional facility
Execution of Application Execution of Application and Issuance of Licenseand Issuance of License
The county clerk shall:• Determine that all necessary
information is recorded on the application
• Require proof of identity and age• Distribute AIDS/HIV materials• Administer the oath• Provide information on Twogether
training• Issue the marriage license
Underage ApplicantsUnderage Applicants
Underage ApplicantUnderage Applicant
• No approval or consent is required for 18 year olds and older
• Judicial approval OR parental consent is required for 16 or 17 year olds
• Judicial consent is required for Applicants 16 years or younger
Application for LicenseApplication for Licenseby Minorby Minor
Applicants under 18 years of age must provide:– Documents establishing parental
consent– Documents establishing dissolution
of prior marriage– Court order authorizing marriage
Parental Consent of Parental Consent of Underage ApplicantUnderage Applicant
• Must be by written declaration
• Acknowledged before a county clerk
• Parent or person with legal authority must provide:– Proof of identity– Proof of legal authority
Court Order forCourt Order forUnderage ApplicantUnderage Applicant
• Minor may petition the court
• Petition must be filed where parent resides and must include:– Reasons minor wishes to marry– Statement of whether parents
are living or dead– Name and residence of living
parents
Knowledge CheckKnowledge Check
Application
for
Marriage License
and
Underage Applicant
CeremonyCeremonyandand
Return of LicenseReturn of License
Marriage LicenseMarriage License
• 72-hour waiting period unless Applicant:– Is on active duty as a member of the US
armed forces– Is not a member of the US armed forces
but works for the US Department of Defense as an employee or under a contract
– Obtains a written waiver – court– Applicants attended Twogether training
• Marriage license only valid for 30 days
Persons Authorized to Persons Authorized to Conduct CeremonyConduct Ceremony
• Licensed or ordained Christian minister or priest
• Jewish Rabbi• Officer of religious organization
authorized to conduct marriage ceremonies, or
• Various judges – both active and retired
Discrimination inDiscrimination inConducting MarriageConducting Marriage
A person authorized to conduct a marriage ceremony is prohibited from discriminating on the basis of race, religion, or national origin against an Applicant who is otherwise competent to be married.
Place Of CeremonyPlace Of Ceremony
• Marriage ceremony does not have to take place in Texas
• Ceremony may take place in another state, another country, or in international waters
Marriage by ProxyMarriage by Proxy
An Absent Applicant who is unable to appear for the ceremony may assent to marriage by the appearance of a Proxy appointed in their affidavit
Processing the LicenseProcessing the Licenseand Applicationand Application
• The person who conducts the ceremony must return the license to the issuing County Clerk within 30 days after the ceremony
• The County Clerk shall print and mail the license to the address on the application
• County Clerk shall mail completed “Application for Marriage License” to VSU after the marriage is recorded
Duplicate LicensesDuplicate Licenses
On request, the County Clerk shall issue a certified copy of a recorded marriage license
Knowledge CheckKnowledge Check
Ceremony
and
Return of License
Marriage without Marriage without FormalitiesFormalities
Informal &Informal &Common-Law MarriageCommon-Law Marriage
• Legal in Texas• The parties may register their informal
marriage by filing a “Declaration and Registration of Informal Marriage” with the County Clerk (or not)
• For common-law marriages, Texas Family Code does not require a couple to live together for specified time period or own property together
Proof of Informal MarriageProof of Informal Marriage• Both parties must be at least
18 years of age or older• Evidence of informal marriage:
– Signed “Declaration and Registration of Informal Marriage”
– Agreement that the parties agreed to be married, after the agreement lived together in this state, and represented themselves to others that they were married
Declaration and Registration Declaration and Registration
of Informal Marriageof Informal Marriage• Both parties must provide
information required in the Declaration
• The County Clerk may: – Prepare the Declaration of
Informal Marriage– Enter the names of the persons
declaring their informal marriage– The date and time the
Declaration is issued– Record the Declaration and send
a copy of the Declaration to VSU
Knowledge CheckKnowledge Check
Marriage without Formalities
New This Legislative New This Legislative SessionSession
HB 3666HB 3666• Completed during the 81st Texas Legislature’s
Regular Session• Amended several sections of the Texas
Family Code beginning September 1, 2009– Expanded list of documents that Applicants can
offer as proof of identity and age– Revises evidence required for parent or person with
legal authority to consent to marriage of an underage applicant
– Provides for errors discovered on a marriage license– Prescribes the form of the affidavit for amending a
marriage license
Section 2.005Section 2.005Proof of Identity & AgeProof of Identity & AgeDocuments That Can Be Offered as Proof of Identity and Age– Driver’s license or identification card (including
temporary permit or identification card)
– United States passport
– Passport issued by a foreign country
– Consular document issued by a state or national government
– Unexpired Certificate of United States Citizenship or Certificate of Naturalization
Section 2.005Section 2.005Proof of Identity & AgeProof of Identity & AgeDocuments That Can Be Offered as Proof of Identity and Age– Unexpired military identification, military
records, or military dependant identification card
– Birth certificate (original or certified)
– Court order relating to name change or sex change
– School records
– Insurance policy continuously valid for two years
Section 2.005Section 2.005Proof of Identity & AgeProof of Identity & AgeDocuments That Can Be Offered as Proof of Identity and Age– Motor vehicle certificate of title– Marriage license or divorce decree– Pilot’s license issued by FAA or other
authorized United States agency– Handgun license– Texas Department of Criminal Justice
offender identification
Section 2.102Section 2.102Parental Consent Parental Consent
for Underage Applicantfor Underage Applicant
A parent or person who has legal authority to consent to marriage for an underage applicant who gives consent shall provide– Proof of the parent’s or person’s
identity– Proof that the parent or person has the
legal authority to consent to marriage for the applicant
Section 2.102Section 2.102Parental Consent Parental Consent
for Underage Applicantfor Underage Applicant
The executive commissioner of the Health and Human Services Commission shall adopt rules detailing acceptable proof of legal authority to consent to marriage of an underage applicant– Should adequately protect against fraud– Should not create undue burden on any
person legally entitled to consent to marriage
• If parties to a marriage license discover an error on the recorded marriage license, both parties shall execute a notarized affidavit stating the error
• The County Clerk shall file and record the affidavit as an amendment to the license
• Affidavit is considered part of the license
• The County Clerk shall include a copy of the affidavit with any future certified copy of the license issued by the Clerk.
• The executive commissioner of HHSC shall provide the form of the affidavit
Section 2.209Section 2.209Duplicate LicenseDuplicate License
ResourcesResources
For Questions About For Questions About Marriage License IssuanceMarriage License Issuance
• Reference the Texas Family Code, Chapters 1 & 2
• TexasVSU.org• Contact your Texas Vital
Statistics Area Representative• Contact another County Clerk
Office• Contact your County Attorney