88R22081 PRL-F
By: Dutton H.B. No. 5291
A BILL TO BE ENTITLED
AN ACT
relating to an agreed divorce order in a suit for dissolution of
marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 6, Family Code, is amended by adding
Subchapter G-1 to read as follows:
SUBCHAPTER G-1. AGREED DIVORCE ORDER
Sec. 6.631. AGREED DIVORCE ORDER. (a) Notwithstanding any
other law, a court with jurisdiction over a suit for dissolution of
a marriage may adopt as the court's final decree, without requiring
that the parties to the suit testify or appear in person before the
court, a written divorce agreement created by the parties if:
(1) the agreement:
(A) includes:
(i) the signature of each party approving
the form and substance of the agreement;
(ii) the date of marriage and the date of
separation, if applicable;
(iii) the grounds for dissolution of the
marriage;
(iv) characterization of the parties'
assets as separate or community property;
(v) a proposed just and right division of
the community property of the marriage;
(vi) if there are minor children of the
marriage:
(a) a written agreed parenting plan in
accordance with Section 153.007; and
(b) an agreement concerning child
support in accordance with Section 154.124; and
(vii) provisions for maintenance, if
applicable, or a statement that the parties agree that maintenance
should not be awarded; and
(B) is accompanied by an affidavit or unsworn
declaration of one or both parties containing the necessary facts
or evidence to support the terms of the agreement, including:
(i) a statement that the proposed division
of the community property is a just and right division of the
community property of the marriage;
(ii) if the agreement contains provisions
affecting the parent-child relationship:
(a) the identity of any minor child,
including the child's name and age; and
(b) a statement that the terms of the
agreement are in the best interest of each child; and
(iii) if the agreement does not contain
provisions affecting the parent-child relationship, a statement
that there are no minor children of the marriage and none are
expected; and
(2) neither party has filed a written objection
opposing the adoption of the agreement as the final decree.
(b) If the court finds that the terms of the agreement are
just and right and in the best interest of each child, if
applicable, the court shall approve the agreement. If the court
approves the agreement, the court may set forth the agreement in
full or incorporate the agreement by reference in the final decree.
(c) If the court finds that the terms of the agreement are
not just and right or in the best interest of each child, if
applicable, the court shall continue the case for appropriate
proceedings.
(d) An agreement adopted by a court under this section is
binding on the parties.
SECTION 2. Subchapter G-1, Chapter 6, Family Code, as added
by this Act, applies to a suit for dissolution of a marriage that is
pending in a trial court on the effective date of this Act or filed
on or after that date.
SECTION 3. This Act takes effect September 1, 2023.