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Voidable Marriage

DECLARING A TEXAS MARRIAGE VOID

Sec. 6.201.  CONSANGUINITY.  A marriage is void if one party to the marriage is related to the other as:

(1)  an ancestor or descendant, by blood or adoption;

(2)  a brother or sister, of the whole or half blood or by adoption;

(3)  a parent’s brother or sister, of the whole or half blood or by adoption;  or

(4)  a son or daughter of a brother or sister, of the whole or half blood or by adoption.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.202.  MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE.  (a)  A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

(b)  The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED.  Except for a marriage that would have been void under Section 6.201, a marriage that was entered into before January 1, 1970, in violation of the prohibitions of Article 496, Penal Code of Texas, 1925, is validated from the date the marriage commenced if the parties continued until January 1, 1970, to live together as husband and wife and to represent themselves to others as being married.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.204.  RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION.  (a)  In this section, “civil union” means any relationship status other than marriage that:

(1)  is intended as an alternative to marriage or applies primarily to cohabitating persons;  and

(2)  grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.

(b)  A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.

(c)  The state or an agency or political subdivision of the state may not give effect to a:

(1)  public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction;  or

(2)  right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.

Added by Acts 2003, 78th Leg., ch. 124, Sec. 1, eff. Sept. 1, 2003.

Sec. 6.205.  MARRIAGE TO MINOR.  A marriage is void if either party to the marriage is younger than 16 years of age, unless a court order has been obtained under Section 2.103.

Added by Acts 2005, 79th Leg., Ch. 268, Sec. 4.17, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 52, Sec. 6, eff. September 1, 2007.

Sec. 6.206.  MARRIAGE TO STEPCHILD OR STEPPARENT.  A marriage is void if a party is a current or former stepchild or stepparent of the other party.

Added by Acts 2005, 79th Leg., Ch. 268, Sec. 4.17, eff. September 1, 2005.

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