Question :
What is the public policy rationale behind presuming every marriage in Texas to be valid?
Answer:
The Texas Legislature has declared a strong public policy in favor of preserving and upholding the validity of marriages. The rationale behind this presumption is multifaceted:
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Promote Public Health and Welfare:
Marriage is seen as a stabilizing social institution. Validating marital relationships encourages legal responsibility between spouses and promotes economic and social order, including access to health benefits, joint property ownership, and inheritance rights. -
Ensure Legal and Parental Certainty:
Presuming validity helps secure the legal status of children born into the relationship. This includes establishing:-
Presumed parentage
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Rights to child support
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Custody and visitation rights
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Inheritance and survivorship rights
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Encourage Good-Faith Participation:
The law seeks to protect individuals who enter into marriage in good faith, even if a technical defect might later be discovered. This reduces the risk that marriages will be retroactively invalidated due to minor procedural errors or unforeseen legal complications.
In essence, the presumption promotes social stability, protects innocent parties, and reduces litigation by requiring strong evidence to rebut the validity of a marriage.