Section 2.302 – Ceremony Conducted By Unauthorized Person

May 14, 2021 | Family Law, Texas

The validity of a marriage is not affected by the lack of authority of the person conducting the marriage ceremony if:

(1) there was a reasonable appearance of authority by that person;
(2) at least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid; and
(3) neither party to the marriage:

(A) is a minor whose marriage is prohibited by law; or
(B) by marrying commits an offense under Section 25.01, Penal Code.

Tex. Fam. Code ยง 2.302

Amended By Acts 2005, 79th Leg., Ch. 268, Sec. 4.11, eff. September 1, 2005.