Whether you’re newly engaged or simply curious, this Texas Marriage Law 101 guide breaks down the essentials every couple should know.
Marriage Requirements in Texas Before you can say “I do,” you must meet certain legal requirements:
Minimum age: 18 (or 16–17 with parental consent or court approval) Marriage license: Obtained from a county clerk, typically valid for 90 days Waiting period: 72 hours after the license is issued (with some exceptions, like active military members) Authorized officiants: Judges, justices of the peace, and ministers can perform ceremonies What Is Community Property in Texas? Texas is one of only nine community property states. That means:
Property acquired during the marriage is considered shared ownership Assets owned before marriage typically remain separate Debts, as well as income, may be divided equally in divorce unless a prenup says otherwise This law is one reason many couples explore prenuptial agreements for clarity and protection.
Common-Law Marriage in Texas Unlike many states, Texas also recognizes common-law marriage (also called “informal marriage”) if three conditions are met:
Both partners agree they are married They live together in Texas as spouses They represent themselves publicly as married This can impact property rights, inheritance, and divorce proceedings.
Divorce and Separation Laws If a marriage ends, Texas law governs how assets, debts, and property are divided. Factors include:
Community vs. separate property classification Child custody (based on the child’s best interest) Spousal support (alimony is rare and limited under Texas law) Understanding these rules ahead of time helps couples plan and protect themselves.
Why Modern Couples in Texas Choose Prenups Because of Texas’s community property rules, many couples consider a prenuptial agreement. A prenup:
Protects separate assets (like a family business or inheritance ) Provides clarity on debt responsibility Reduces future legal battles Protects couples from their property being divided according to their state’s default laws At First , we make prenups modern, affordable, and stress-free, so couples can navigate Texas marriage law with confidence and focus on their relationship. At First , the “prenup talk” is more than legalese; it is an opportunity for a meaningful (dare we say, romantic?) discussion about your financial future with your partner.
Final Thoughts Texas marriage law 101 is about more than wedding licenses, it’s about protecting your rights and building a strong foundation for your future. By understanding the legal landscape, you and your partner can enter marriage with clarity, confidence, and peace of mind.
