Texas 'Covenant Marriage' Bill: Mutual Consent and Marriage Counseling Required for Divorce

Lawmakers in the Texas House and Senate, both led by Republican majorities, filed more than a thousand legislative proposals Tuesday, among them, various ultra-conservative bills, including one that would require spouses to obtain mutual consent and marriage counseling before being allowed to file for divorce.

Texas House Bill 931 (HB 931), which introduces the concept of "covenant marriage," was filed by State Rep. Cody Vasut, R-Angleton, known as one of Texas' most conservative lawmakers. The bill would require married couples to obtain their partner's approval to file for divorce and also make them attend at least five hours of marriage counseling "aimed at reconciliation."

"A divorce on the grounds of 'insupportability' is only granted if both parties agree and complete required counseling," the bill reads.

Furthermore, HB 931 would also require additional steps before marriage, including five hours of pre-marital counseling and a signed affidavit declaring an intent "to enter into a lifelong commitment."

The required affidavit statement reads:

"We do solemnly declare that marriage is a covenant between two people who agree to live together as spouses for so long as they both may live. We understand the nature, purpose, and responsibilities of marriage and have received counseling on the obligations of a covenant marriage. We understand that a covenant marriage is for life. We understand that we can get divorced or separated. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we declare our intent to enter into a covenant marriage that will be bound by Texas law on covenant marriage and we promise to love, honor, and care for one another for the rest of our lives."​

Entering into a covenant marriage would be voluntary and free, as the bill states, "no fees will be charged for issuing or designating covenant marriage licenses" via county clerks. The concept of a covenant marriage is tied to conservative Christianity, and according to Lone Star Live, prominent Republicans such as the U.S. House Speaker Mike Johnson and former Arkansas Gov. Mike Huckabee entered covenant marriage.

Additionally, Vasut filed another bill, HB 732, which would repeal a section of the Texas Family Code that permits the annulment of marriages on the grounds of "impotence." Current language allows for the annulment of a marriage if either spouse was "permanently impotent" at the time of marriage and their partner was unaware.

Advocates suggest these bills promote traditional family values and encourage couples to solve marital problems. On the other hand, critics argue the bills fail to take into account domestic violence cases and endorse religious marriages.

Vasut represents Brazoria County and was reelected on Nov. 5 with 61% of the vote.