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

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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

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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