PUTATIVE MARRIAGE Meaning and
Definition
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Putative marriage is a legal concept that refers to a marriage that is assumed or reputed to be valid and legally recognized, even though it may lack the necessary legal requirements. It is typically used when there is a dispute or uncertainty regarding the validity of a marriage, and it allows the couple to enjoy certain rights and protections as if they were legally married.
The term "putative" is derived from the Latin word "putare," meaning to think or believe. In the context of marriage, it signifies that the participants genuinely believed they were entering into a valid marriage, even if it later turns out to be defective or voidable due to technicalities or legal errors.
A putative marriage is generally recognized by the law to protect the rights and interests of the individuals involved, especially when they had a genuine and good-faith belief that their marriage was valid. This includes rights such as inheritance, property division, spousal support, and benefits, even if the marriage is later found to be invalid.
The determination of a putative marriage can vary depending on the legal jurisdiction, but it often requires proof that the couple entered into the marriage in good faith, without any knowledge of any impediments to its legality. In some cases, the duration of the marriage and the couple's actions and behavior as spouses may also be considered.
Etymology of PUTATIVE MARRIAGE
The term "putative marriage" is derived from Latin and has its roots in the combination of the words "putatus" and "maritum".
- The Latin word "putatus" means "considered" or "thought to be".
- "Maritum" is the accusative form of "maritus", which means "husband" or "spouse".
When combined, these words form "putative marriage", which refers to a union or marriage that is considered or thought to be legal and valid, even if it later proves to be invalid due to certain legal factors that were not fulfilled.
