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Putative marriage
From Wikipedia, the free encyclopedia
A putative marriage is an apparently valid marriage, entered into in good faith on part of at least one of the partners, but is invalid because of an impediment, such as a currently valid marriage on part of one of them. 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 canon law, the marriage is recognized, until its invalidity be proved; the 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. If the impediment is removed, or a dispensation granted, the marriage can be validated.
In many jurisdictions, under civil law, the marriage becomes valid if the impediment is removed. If it is not, the innocent spouse, at least, is entitled to the protections of a divorce for division of property and child custody.
- This article incorporates text from the public-domain Catholic Encyclopedia of 1913.
- Catholic Encyclopedia "Putative Marriage"
- Ruling on a putative marriage citing Colorado state law
- Texas law