putative marriage

However, the children of a putative marriage are legitimate.

In some jurisdictions, putative marriages are a matter of case law rather than legislation.

A Catholic annulment is a finding that there was only a putative marriage under canon law.

However, the second and invalid marriage would enjoy the advantage of being putative marriage.

In canon and in civil law, the offspring of putative marriages have also been considered legitimate.

Putative marriages exist in both Catholic canon law and in various civil laws, though the rules may vary.

Such unions are called putative marriages.

A putative marriage is one when at least one party to the marriage wrongly believes it to be valid.

A putative marriage must be presumed valid, and so constituting the impediment of ligamen, until it is proven invalid.

Colorado is the only U.S. state, other than Montana, to recognize both putative marriage and common law marriage.

Catholic Encyclopedia "Putative Marriage"

Because these impediments may not be known at all, the marriage is called a putative marriage if at least one of the parties married in good faith.

A sanatio in radice retroactively dispenses the impediment and makes a putative marriage valid from the time the sanatio is granted.

The Legitimacy Act 1959 extended the legitimization even if the parents had married others in the meantime and to putative marriages which the parents incorrectly believed were valid.

In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage.

Putative marriage - An apparently valid marriage, entered into in good faith on part of at least one of the partners, which is invalid because of an impediment.

Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null).

Critics point to this as additional evidence that a Catholic annulment is similar to divorce - although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate.

Annulment of marriage does not change the status of illegitimacy of children born to the couple during their putative marriage, i.e., between their marriage ceremony and the legal annulment of their marriage.

However, Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both valid and putative marriages (objectively invalid, though at least one party celebrated in good faith).

Douglas seal is on the Treaty of Salisbury approving the putative marriage between Margaret, Maid of Norway with Edward of Caernarfon, and was amongst those nobles that hammered out the deal that would become the Treaty of Birgham.

A marriage that is entered into in good faith, but which is subsequently found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.

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.