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Summary
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at...
Content
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. Unlike someone in a common-law, statutory, or ceremonial marriage, a putative spouse is not legally married. Instead, a putative spouse believes himself or herself to be married in good faith and is given legal rights as a result of this person's reliance upon this good-faith belief.
Putative marriages exist in both Catholic canon law and in various civil laws, though the rules may vary. In some jurisdictions, putative marriages are a matter of case law rather than legislation. In many jurisdictions, under civil law, the marriage becomes valid if the impediment is removed. If it is not removed, the innocent spouse, at least, is often entitled to the protections of a divorce for division of property and child custody.
In canon law, a marriage is recognized unless proved invalid; for example, children born of it are legitimate, and the spouses can not marry others without proving the invalidity. If the invalidity is proven, an annulment
Created by:
Freebase Data Team
Oct 24, 2006
Last edited by:
Freebase Data Team
Oct 24, 2006
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