Every Marriage is Presumed Valid Except…
.What is the purpose of creating laws on the marriage relationship?
Every marriage is a contract. In the state of Texas, the Family Code has statutes that govern the marriage relationship. There is a public policy of marriage; the court presumes that a marriage is valid (proper or correct), but there are few exceptions.
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.
What are the exceptions to the presumption?
Section 1.104. states that:
“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.”
An exception to the validity of a marriage is a previous valid marriage. The court presumes the most recent marriage is the valid marriage. The party who claims the recent marriage is invalid has the burden of proving that the previous marriage is the valid.
Another exception apart from age (in some cases) is fraud in entering a marriage. In a case or situation where a person is forced into marriage, then the marriage-relationship is not authentic.
Do you have questions about whether your marriage is valid? Perhaps, you are considering annulment. Talk to one of our attorneys on the solutions which are specific to your case.
