FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE A. MARRIAGE
CHAPTER 1. GENERAL PROVISIONS
SUBCHAPTER A. DEFINITIONS
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
SUBCHAPTER B. PUBLIC POLICY
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
§ 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, § 1, eff. April 17, 1997.
