Your legal guide “Marriage Laws and Licenses” states that marriage is a contract:

”Marriage laws are the rules and regulations that affect people once they marry. Marriage is a legal contract and married couples must follow its terms and conditions.” The way that it is stated doesn’t give exception but implies that this is universally understood. Are there any exceptions to this? Does Texas recognize marriage as a contract? Is there any resource you can refer me to that would clarify this? What is the view of the marital contract held by the legislature? I have not found anything that would indicate that the legislature would hold it any different than any other contractual agreement and the courts have referred to it as an agreement in many instances but I've been told by a divorce attorney that it isn't a contract. What gives?

Houston, TX -

Attorney Answers (1)

Christopher Jay Harding

Christopher Jay Harding

Family Law Attorney - Dallas, TX
Answered

Marriage is actually not defined in the Texas Family Code. It certainly isn't considered a contract as a normal contract is viewed under contract law here in Texas. What is the reason for the question?

Prenupts and other documents signed by the parties might be considered contracts, and yes a marriage license is signed by the parties, but no contract in and of itself.

Disclaimer: This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship.

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