Putative marriage

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Catholic canon law[edit]

In Catholic canon law, there are a number of requirements for a valid Catholic marriage. However, a Catholic marriage is considered valid unless and until it is proved otherwise.[1] In consequence, children born as a result of a marriage which is found to be void are considered legitimate, and the spouses cannot marry others without first obtaining an annulment by proving its invalidity. If the invalidity is proven, an annulment can be granted.

If the impediment is removed, or a dispensation granted, and if consent perdures, the marriage can be convalidated.

Putative marriage in the United States[edit]

Many U.S. states have a concept of a putative spouse.

A number of states followed the example of the Uniform Marriage and Divorce Act (also sometimes called the Model Marriage and Divorce Act) to establish the concept of a "Putative Spouse" by statute. The concept has been codified in California, Colorado, Illinois, Louisiana, Minnesota and Montana.[2] Case law provides for putative spouse rights in Nebraska, Washington state, Nevada,[2] Texas [3] and Louisiana. Colorado and Montana are the only U.S. states to have both common law marriage and to formally recognize putative spouse status. Putative spouse concepts, called "deemed marriages" are also recognized under the Social Security program in the United States.[4]

In Colorado, which is typical, "Any person who has cohabited with another person to whom he is not legally marriaged in the good faith belief that he was married to that person is a putative spouse until knowledge of the fact that he is not legally married terminates his status and prevents acquisition of further rights." Section 14-2-111, Colorado Revised Statutes.


Unlike a common law marriage, which is possible only when both spouses are legally eligible to marry, putative spouse status can be unilateral. For example, if a husband is married, but goes through a marriage ceremony without informing the woman with whom he goes through with the ceremony of that fact, the husband is not a putative spouse, because he knows that he has no legal ability to marry. The wife however is a putative spouse because she in good faith believes that she is legally married, and has no knowledge that she is not legally married.[5]


If, on the other hand, the husband had had reliable but incorrect information that his first wife was dead, both the husband and the wife would have the status of putative spouse.

See also[edit]


  1. ^ Canon 1060.
  2. ^ a b Nevadalawjournal.org
  3. ^ Davis v. Davis, 521 S.W.2d 603 (Tex. 1975)
  4. ^ Cornell.edu
  5. ^ See, e.g. Carndell v. Resley, 804 P.2d 272 (Colo. App. 1990) and Williams v. Fireman's Fund Ins. Co., 670 P.2d 453 (Colo. App. 1983).

External links[edit]