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Putative Marriage: What You Need to Know About Its Legal Definition
Definition & Meaning
A putative marriage is a union where one or both partners genuinely believe they are legally married, even though a technical issue makes the marriage invalid. This could occur, for example, if the officiant performing the ceremony is not authorized to do so. The key aspect of a putative marriage is the belief in the existence of a valid marriage. To protect the innocent party, many jurisdictions recognize these marriages as valid under certain conditions.
Table of content
Legal Use & context
Putative marriage is primarily relevant in family law, particularly in cases involving divorce or inheritance disputes. It helps protect individuals who entered a marriage in good faith but later discover that the marriage is not legally valid. Users can often manage related legal processes themselves using templates from US Legal Forms, which provide necessary documents for navigating these situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A couple holds a wedding ceremony with an officiant who is not legally authorized to perform marriages. One partner believes they are married, while the other later discovers the marriage is invalid. In this case, the partner who believed in the marriage may be recognized as a putative spouse.
Example 2: A couple marries, but it is later found that one partner was still legally married to someone else at the time of the ceremony. If the innocent partner believed the marriage was valid, they may be granted putative spouse status. (hypothetical example)
Relevant laws & statutes
In California, the Family Code § 2251 outlines the status of a putative spouse. It states that if a court determines a marriage is void or voidable, and either party believed in good faith that the marriage was valid, the court shall declare them as putative spouses. Similar provisions exist in other states like Texas and Louisiana.
State-by-state differences
State
Putative Marriage Recognition
California
Recognizes putative marriages under Family Code § 2251.
Texas
Allows for putative spouse claims under specific conditions.
Louisiana
Recognizes putative marriages to protect the innocent party.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Void Marriage
A marriage that is invalid from the start and has no legal effect.
Voidable Marriage
A marriage that is valid until annulled by a court, often due to specific circumstances.
Common Law Marriage
A marriage recognized without a formal ceremony, based on the couple's agreement and cohabitation.
Common misunderstandings
What to do if this term applies to you
If you believe you are in a putative marriage, consider the following steps:
Gather documentation related to your marriage, such as the marriage certificate and any correspondence with the officiant.
Consult with a legal professional to understand your rights and options based on your specific situation.
Explore US Legal Forms for templates that may assist you in filing for legal recognition as a putative spouse.
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