By: Chisum H.B. No. 1418 73R5001 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a contract concerning the grounds by which the parties 1-3 to a marriage may dissolve the marriage. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 4, Family Code, is amended by adding 1-6 Subchapter B to read as follows: 1-7 SUBCHAPTER B. MARRIAGE DISSOLUTION CONTRACT 1-8 Sec. 4.21. MARRIAGE DISSOLUTION CONTRACT. (a) The parties 1-9 to a marriage may enter into a contract under this subchapter that 1-10 provides that the parties may not dissolve the marriage unless both 1-11 parties agree to dissolve the marriage or one party shows that the 1-12 other party has committed an act that constitutes grounds specified 1-13 under the contract for the dissolution of the marriage. 1-14 (b) A contract under this section may be executed either 1-15 before or after the occurrence of the marriage ceremony of the 1-16 parties as provided by Section 1.82 of this code. 1-17 Sec. 4.22. CONTRACT TERMS. A court may not enforce a 1-18 contract under this subchapter unless it contains: 1-19 (1) a statement that the parties agree that the 1-20 contract contains the exclusive understanding and agreement between 1-21 the parties relating to the terms of the continuance of the 1-22 marriage relationship; 1-23 (2) a statement that the parties agree that the 1-24 marriage may not be dissolved except by mutual consent of the 2-1 parties or on a showing by a preponderance of the evidence in a 2-2 court by one party of the fault of the other party; 2-3 (3) a description of the grounds that constitute fault 2-4 by a party; and 2-5 (4) a statement that the parties recognize that in the 2-6 absence of a contract authorized under this subchapter either party 2-7 may petition for dissolution of the marriage on the grounds that 2-8 the marriage has become insupportable as provided by Section 3.01 2-9 of this code and that, by executing this document, the parties 2-10 agree that each party waives the right to petition for dissolution 2-11 under that section. 2-12 Sec. 4.23. GROUNDS CONSTITUTING FAULT. The grounds that may 2-13 constitute fault for the purposes of a contract under this 2-14 subchapter include: 2-15 (1) consent to the marriage was obtained by force, 2-16 duress, or fraud by a party against the party petitioning for 2-17 dissolution of the marriage; 2-18 (2) the party seeking the dissolution of the marriage 2-19 was incapable of consenting to the marriage because of physical or 2-20 mental incompetence; 2-21 (3) a party to the marriage has committed adultery; 2-22 (4) a party to the marriage is impotent and the party 2-23 petitioning for the dissolution of the marriage was unaware at the 2-24 time of the marriage that the other party was impotent or likely to 2-25 become impotent; 2-26 (5) a party is infected with a sexually transmitted 2-27 disease and the party petitioning for the dissolution of the 3-1 marriage was unaware at the time of the marriage that the other 3-2 party was infected with the disease; 3-3 (6) a party has abandoned the marriage or has 3-4 disappeared for not less than one year; 3-5 (7) a party has a habitual and ongoing addiction to 3-6 alcohol or drugs; 3-7 (8) a party has continually neglected or refused to 3-8 make reasonable provision for the basic needs of the party's 3-9 family; 3-10 (9) a party has been imprisoned in a state, federal, 3-11 or foreign prison for not less than two years; 3-12 (10) a party has continually treated the other party 3-13 or a child residing in the home of a party with physical abuse or 3-14 extreme mental cruelty; 3-15 (11) a party has continually sexually abused a child 3-16 residing in the home of a party; 3-17 (12) a party has been determined to be legally insane; 3-18 and 3-19 (13) any other grounds that the parties agree to 3-20 include in the contract at the time the contract is executed. 3-21 Sec. 4.24. ENFORCEMENT. (a) A court may enforce a marriage 3-22 contract under this subchapter only after the marriage ceremony of 3-23 the parties as provided by Section 1.82 of this code. 3-24 (b) The marriage of the parties to a contract under this 3-25 subchapter may not be dissolved or modified except under the terms 3-26 of the contract. 3-27 (c) A party to a contract under this subchapter may 4-1 institute an action to dissolve the marriage of the parties if: 4-2 (1) the other party consents to the dissolution; or 4-3 (2) the party believes that the other party has 4-4 engaged in conduct that is grounds for the dissolution of the 4-5 marriage specified in the contract. 4-6 (d) A court shall enter a decree dissolving the marriage as 4-7 provided by Chapter 3 of this code if the party who petitions for 4-8 dissolution shows by a preponderance of the evidence that: 4-9 (1) both parties consent to the dissolution; or 4-10 (2) the other party has engaged in conduct that is a 4-11 ground for the dissolution of the marriage specified in the 4-12 contract. 4-13 (e) When fault on the part of a party is alleged and the 4-14 responding party contests the petition or denies the allegation of 4-15 fault, the court shall submit the issue of the fault of a party to 4-16 a jury on the request of either party. 4-17 (f) If grounds for the dissolution of the marriage under a 4-18 contract under this section is found by a jury as provided by 4-19 Subsection (e) of this section, the court shall enter a decree 4-20 dissolving the marriage as provided by Chapter 3 of this code. The 4-21 court shall determine issues of property division, child custody, 4-22 and possession and access to a child. 4-23 SECTION 2. Sections 4.01-4.06, Family Code, are designated 4-24 as Subchapter A, Chapter 4, Family Code, as follows: 4-25 SUBCHAPTER A. RIGHTS, DUTIES, POWERS, AND LIABILITIES 4-26 SECTION 3. This Act takes effect September 1, 1993, and 4-27 applies to a marriage that exists on or after that date. 5-1 SECTION 4. The importance of this legislation and the 5-2 crowded condition of the calendars in both houses create an 5-3 emergency and an imperative public necessity that the 5-4 constitutional rule requiring bills to be read on three several 5-5 days in each house be suspended, and this rule is hereby suspended.