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What is Putitive Marriage?

A San Jose Family Law Attorney blogs on the definition of a putitive marriage

A putative marriage is a egally invalid marriage, although entered into with good faith by one or both parites. Reasons that a putitive marriage is not legally binding would be because of a technical barrier (called an impediment), for example if one party in the putitive marriage has a preexistent marriage.

A putitve spouse is different than a statutory spouse, a common-law spouse or a ceremonial marriage spouse, in that a putative spouse is not legally married. Rather, they believe themself to be married in “good faith.” Therefore, the putitive spouse typically has legal rights because of their dependance on their good faith union with the other partner.

Under civil law, if the impediment is removed, the marriage becomes valid. However, with regard to divorce proceedings, if the impediment has not been removed, commonly the partner that as not made the infraction is often entitled to the protections of a divorce for division of property and child custody.

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