 |
| Family law |
|---|
| Entering into marriage |
| Prenuptial agreement · Marriage |
| Common-law marriage |
| Same-sex marriage |
| Legal states similar to marriage |
| Cohabitation · Civil union |
| Domestic partnership |
| Registered partnership |
| Putative marriage |
| Dissolution of marriage |
| Annulment · Divorce · Alimony |
| Issues affecting children |
| Paternity · Legitimacy · Adoption |
| Legal guardian · Ward |
| Emancipation of minors · Foster care |
| Child Protective Services |
| Parental responsibility |
| Contact (including Visitation) |
| Residence in English law |
| Custody · Child support |
| Areas of possible legal concern |
| Spousal abuse · Child abuse |
| Child abduction · Child marriage |
| Adultery · Bigamy · Incest |
| Conflict of Laws Issues |
| Marriage · Nullity · Divorce |
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. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a Contract entered NOTICE TO WOULD-BE ROMEOS ************** Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same Cohabitation is when people live together in an emotionally- and/or physically- Intimate relationship. A civil union is a legally recognized union similar to Marriage. A domestic partnership is a legal or Personal relationship between two individuals who live together and share a common domestic life but are neither joined by a traditional Registered partnership is one of several terms synonymous with a Civil union or Civil partnership similar to Marriage, typically created in order to provide Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract Divorce or dissolution of marriage is the termination of a Marriage. Alimony, maintenance or spousal support is an obligation established by Law in many countries that is based on the premise that both spouses have an absolute In law Paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors In Common law, legitimacy is the status of a Child that is born to parents who are legally married to one another or that is born shortly after the Adoption is the act of legally placing a child with a Parent or parents other than those to whom they were born A legal guardian is a person who has the legal authority (and the corresponding duty to care for the personal and Property interests of another person called a ward In Law, a ward is someone placed under the protection of a Legal guardian. Emancipation of minors is a legal mechanism by which a child is freed from control by their parent(s/guardian(s and the parent(s/guardian(s is/are freed from any and all responsibility Foster care is a system by which a certified stand-in "parent(s" cares for minor Children or young peoples who have been removed from their birth parents Child Protective Services (CPS is the name of a Governmental agency in many states of the United States that responds to reports of Child abuse In the states of the European Union and elsewhere parental responsibility refers to the rights and privileges which underpin the relationship between a In Family law, contact (or in the United States, visitation) is one of the general terms which denotes the level of contact a parent or other significant Residence is a term used to refer to not always similar concepts in various parts of English law including taxation immigration and family law Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his In family law and government policy child support or child maintenance is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate Child abuse is the physical, psychological or sexual maltreatment of children Child abduction is the abduction or kidnapping of a Child (or Baby) by an older person Child marriage usually refers to two separate social phenomena which are practiced in some societies Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and Incest refers to any sexual activity between closely related persons (often within the immediate family that is illegal or socially Taboo. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues NOTICE TO WOULD-BE ROMEOS ************** Unlike someone in a common-law, statutory, or ceremonial marriage, a putative spouse is not legally married. Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute 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. Catholic is an Adjective derived from the Greek adjective '' / 'katholikos' meaning "whole" or "complete". Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches and the Anglican Communion of churches Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which In some jurisdictions, putative marriages are a matter of case law rather than legislation. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law 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.
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Catholic canon law
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 can be granted. Annulment in the Catholic Church See also Annulment (Catholic Church In the Roman Catholic Church, a marriage is considered to be a valid contract If the impediment is removed, or a dispensation granted, the marriage can be validated. Validation of marriage or convalidation of marriage is in Roman Catholic canon law, making a Putative marriage a valid one after the removal
Putative marriage in the United States
Many U. S. states have a concept of a putative spouse.
A number of states followed the example of the Uniform Marriage and Divorce Act (also sometimes called the Model Marriage and Divorce Act) to establish the concept of a "Putative Spouse" by statute. The concept has been codified in California, Colorado, Illinois, Louisiana, Minnesota and Montana. [1] Case law provides for putative spouse rights in Nebraska, Washington state and Nevada. [2] Colorado and Montana are the only U. S. states to have both common law marriage and to formally recognize putative spouse status. Putative spouse concepts, called "deemed marriages" are also recognized under the Social Security program in the United States. [3]
The putative spouse concept is likewise recognized in Australia. [4]
In Colorado, which is typical, "Any person who has cohabited with another person to whom he is not legally marriaged in the good faith belief that he was married to that person is a putative spouse until knowledge of the fact that he is not legally married terminates his status and prevents acquisition of further rights. " Section 14-2-111, Colorado Revised Statutes.
Putative spouse status is a remedial doctrine designed to protect the reasonable expectations of someone who acts on the belief that they are married, and generally entitled a putative spouse to the rights a legal spouse would have for the period from the putative marriage until discovery that the marriage was not legal. It is possible that a person could have both a legal spouse and someone is a putative spouse, as when a person remarries, not realizing that the divorce decree had not been made final for his original marriage; in which case, courts are directed to do what seems appropriate in the circumstances.
Unlike a common law marriage, which is possible only when both spouses are legally eligible to marry, putative spouse status can be unilateral. For example, if a husband is married, but goes through a marriage ceremony without informing the woman with whom he goes through with the ceremony of that fact, the husband is not a putative spouse, because he knows that he has no legal ability to marry. The wife however is a putative spouse because she in good faith believes that she is legally married, and has no knowledge that she is not legally married. See, e. g. Carndell v. Resley, 804 P. 2d 272 (Colo. App. 1990) and Williams v. Fireman's Fund Ins. Co. , 670 P. 2d 453 (Colo. App. 1983).
In the example above, the putative wife who believed she was married could seek the property division and alimony awards that a legal spouse could have, when the putative spouse discovers that she is not legally married, but her husband could not seek a property division of property in the putative wife's name or alimony from her, because he knew that their marriage was not legal.
If, on the other hand, the husband had had reliable but incorrect information that his first wife was dead, both the husband and the wife would have the status of putative spouse.
See also
External links
- Catholic Encyclopedia "Putative Marriage"
- Ruling on a putative marriage citing Colorado state law
- Texas law
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