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.