Texas Codes

Tex. Fam. Code § 2.302 (2026)

Ceremony Conducted By Unauthorized Person

✓ current as of May 2026
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Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. 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.

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

Amended by:

Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.11, eff. September 1, 2005.

SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES


Notes of Decisions
Cited in 5 cases, 2012–2020 · leading case: in Re: Roger Arash Farahmand (Tex. App. 2015).
in Re: Roger Arash Farahmand (Tex. App. 2015). · cites it 5× “11 No valid formal or ceremonial marriage No Evidence of Reasonable Appearance of Unauthorized Person - Tex. Fam. Code §2.302(1 ). I. Challenged Element No.”
in Re: Roger Arash Farahmand (Tex. App. 2015). · cites it 4× “202(a)(3); Tex. Fam. Code § 2.302; Husband v. Pierce, 800 S.”
EX PARTE E.H. v. the State of Texas (Tex. 2020). “005(2) (permitting executor’s closing report verifying that “there was property remaining on hand after payment of debts”); TEX. FAM. CODE §§ 2.302(1) (providing that marriage’s validity is not affected by officiant’s lack of authority if “there was a reasonable appearance of…”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2012). “TEx. FAM. CODE ANN. § 2.302(1)-(2) (West 2006).”
Jenkins-Dyer v. Drayton, 134 F. Supp. 3d 1339 (D. Kan. 2015). “Tex. Fam.Code Ann. § 2.302. . Id. § 1.101; Doc.”
Tex. Fam. Code § 2.302(1): 3 cases
in Re: Roger Arash Farahmand (Tex. App. 2015). “11 No valid formal or ceremonial marriage No Evidence of Reasonable Appearance of Unauthorized Person - Tex. Fam. Code §2.302(1 ). I. Challenged Element No.”
EX PARTE E.H. v. the State of Texas (Tex. 2020). “005(2) (permitting executor’s closing report verifying that “there was property remaining on hand after payment of debts”); TEX. FAM. CODE §§ 2.302(1) (providing that marriage’s validity is not affected by officiant’s lack of authority if “there was a reasonable appearance of…”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2012). “TEx. FAM. CODE ANN. § 2.302(1)-(2) (West 2006).”
Tex. Fam. Code § 2.302(2): 1 case
in Re: Roger Arash Farahmand (Tex. App. 2015). “11 No valid formal or ceremonial marriage No Evidence of Reasonable Appearance of Unauthorized Person - Tex. Fam. Code §2.302(1 ). I. Challenged Element No.”
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