Texas 2023 - 88th Regular

Texas House Bill HB5291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22081 PRL-F
2	2	By: Dutton H.B. No. 5291
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an agreed divorce order in a suit for dissolution of
8	8	marriage.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 6, Family Code, is amended by adding
11	11	Subchapter G-1 to read as follows:
12	12	SUBCHAPTER G-1. AGREED DIVORCE ORDER
13	13	Sec. 6.631. AGREED DIVORCE ORDER. (a) Notwithstanding any
14	14	other law, a court with jurisdiction over a suit for dissolution of
15	15	a marriage may adopt as the court's final decree, without requiring
16	16	that the parties to the suit testify or appear in person before the
17	17	court, a written divorce agreement created by the parties if:
18	18	(1) the agreement:
19	19	(A) includes:
20	20	(i) the signature of each party approving
21	21	the form and substance of the agreement;
22	22	(ii) the date of marriage and the date of
23	23	separation, if applicable;
24	24	(iii) the grounds for dissolution of the
25	25	marriage;
26	26	(iv) characterization of the parties'
27	27	assets as separate or community property;
28	28	(v) a proposed just and right division of
29	29	the community property of the marriage;
30	30	(vi) if there are minor children of the
31	31	marriage:
32	32	(a) a written agreed parenting plan in
33	33	accordance with Section 153.007; and
34	34	(b) an agreement concerning child
35	35	support in accordance with Section 154.124; and
36	36	(vii) provisions for maintenance, if
37	37	applicable, or a statement that the parties agree that maintenance
38	38	should not be awarded; and
39	39	(B) is accompanied by an affidavit or unsworn
40	40	declaration of one or both parties containing the necessary facts
41	41	or evidence to support the terms of the agreement, including:
42	42	(i) a statement that the proposed division
43	43	of the community property is a just and right division of the
44	44	community property of the marriage;
45	45	(ii) if the agreement contains provisions
46	46	affecting the parent-child relationship:
47	47	(a) the identity of any minor child,
48	48	including the child's name and age; and
49	49	(b) a statement that the terms of the
50	50	agreement are in the best interest of each child; and
51	51	(iii) if the agreement does not contain
52	52	provisions affecting the parent-child relationship, a statement
53	53	that there are no minor children of the marriage and none are
54	54	expected; and
55	55	(2) neither party has filed a written objection
56	56	opposing the adoption of the agreement as the final decree.
57	57	(b) If the court finds that the terms of the agreement are
58	58	just and right and in the best interest of each child, if
59	59	applicable, the court shall approve the agreement. If the court
60	60	approves the agreement, the court may set forth the agreement in
61	61	full or incorporate the agreement by reference in the final decree.
62	62	(c) If the court finds that the terms of the agreement are
63	63	not just and right or in the best interest of each child, if
64	64	applicable, the court shall continue the case for appropriate
65	65	proceedings.
66	66	(d) An agreement adopted by a court under this section is
67	67	binding on the parties.
68	68	SECTION 2. Subchapter G-1, Chapter 6, Family Code, as added
69	69	by this Act, applies to a suit for dissolution of a marriage that is
70	70	pending in a trial court on the effective date of this Act or filed
71	71	on or after that date.
72	72	SECTION 3. This Act takes effect September 1, 2023.