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While Texas calls it an "informal marriage", the commonly used term is "common law marriage". For an informal marriage to exist, Texas requires three things:
From what you have stated, it seems clear that you meet the second and third prong, leaving only the first prong to be determined. In the event that you separated, if one of you filed for divorce, the other could contest that there was ever an informal marriage. In that event, it would be up to the judge's discretion as to whether there was ever an agreement to be married.
In sum, absent a clear understanding that there will not be a marriage, this arrangement could very well lead to a requirement of a formal divorce proceeding.
Please let me know if anything requires clarification.
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I am not aware of any statistics on that specific issue. As an attorney, I would typically only become involved if a divorce action were filed. If the couple agrees that no divorce is necessary, there would not be a need for an attorney. As such, I would only be aware of part of the equation, that being those that file a formal divorce action.
With that in mind, I would suggest that included some specific language on the issue in the agreement would resolve the issue for you. If you prefer to avoid the formal divorce action, you might consider including language in the agreement explicitly stating that the parties do not intend to marry. With that language, it should eliminate any belief of an informal marriage and, as such, any need for a divorce.
I hope that answers the question for you. If not, please let me know.
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