Understanding the Declaration and Registration Requirements for Informal Marriage in Texas

Understanding the Declaration and Registration Requirements for Informal Marriage in Texas

Introduction

Getting married formally is not everyone’s cup of tea. If you and your partner have decided to live together without getting married, you can still be recognized as a married couple in Texas. In this blog post, we’ll discuss the declaration and registration requirements for informal marriage in Texas.

What is an Informal Marriage?

Texas law recognizes an informal marriage or common-law marriage between two individuals. According to Texas Family Code, Chapter 2, Section 2.401, an informal marriage is a marriage that:

• Involves a man and a woman
• They agree to be married
• They live together as husband and wife in Texas
• They hold themselves out to others in Texas as being married

Declaration of Informal Marriage

To declare that you have an informal marriage in Texas, you and your partner need to complete and sign a Declaration of Informal Marriage Form. The form requires basic information such as names, addresses, dates of birth, and social security numbers. You’ll also have to provide the date when you agreed to be married and the date when you started living together in Texas.

After completing the form, you have to file it with the county clerk’s office where you currently reside. If you’re a military member, you have to file it with the county clerk’s office in the county where you’re stationed.

Registration of Informal Marriage

Registering an informal marriage in Texas follows the same procedure as declaration. The difference between the two is that a declaration is made by the couple themselves, while registration is made by an authorized person such as a clergy member.

The authorized person, who solemnizes the marriage, needs to complete and sign a Marriage License and Certificate of Informal Marriage. The form requires basic information about the couple and the person who solemnizes the marriage.

After completing the form, the person solemnizing the marriage has to file it with the county clerk’s office where the marriage takes place.

Conclusion

If you and your partner have an informal marriage in Texas, keep in mind that it has the same legal effects as a formal marriage. Therefore, it’s essential to understand the declaration and registration requirements to ensure your marriage is recognized. Complete the necessary paperwork and file it with the county clerk’s office to make your marriage official. By doing that, you and your partner can enjoy the same legal benefits as formal marriages.

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