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Not legally married
- Unlike someone in a common-law, statutory, or ceremonial marriage, a putative spouse is not legally married. Instead, a putative spouse believes themselves to be married in good faith and is given legal rights as a result of this person's reliance upon this good-faith belief.
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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.
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The putative spouse doctrine protects the financial and property interests of a putative spouse. A putative spouse is a person who unknowingly entered into an invalid marriage, believing in good faith that it is a valid marriage.
A putative spouse is person who has cohabited with another to whom he is not legally married in the good faith belief that he was married to that person. It is a marriage entered into in good faith, but invalid due to a legal flaw, such as the existence of a prior marriage.
The putative spouse doctrine allows a person to claim rights and benefits of a legal marriage if they believed in good faith that their marriage was valid, even if it was later found to be void or voidable due to legal technicalities.
May 14, 2021 · The putative marriage doctrine is a device developed to ameliorate or correct the injustice which would occur if civil effects were not allowed to flow to a party to a null marriage who believes in good faith that he or she is validly married.
Jun 15, 2021 · What is a putative spouse? How is an innocent spouse protected in cases of bigamy or previously unresolved marriages under California Family law? Generally speaking, a putative marriage involves some form of technically legal barrier or impediment which means the marriage is not legally binding.
Dec 31, 2022 · However, when one or both individuals believed in good faith that they were legally married and find out during separation that the marriage wasn’t valid, they become a putative spouse in the eyes of the California courts and enjoy the same legal protection as a legally married spouse.
