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Is Putative Marriage Found In Case Law?

Putative Marriage Examples In Case Law

According to statistics, over a third of all people in the United States are likely to divorce their first spouse. Before marriage, if a couple decides to prepare itself for possible marriage trouble, the couple may choose to sign a prenuptial agreement. A prenuptial agreement protects each spouse's assets from being unfairly divided in case of divorce.

Some prenuptial agreements will stop an individual from getting anything in the case of divorce, depending on the circumstances. But case law surrounding putative marriages defines the interaction between a prenuptial agreement and a putative marriage in a very different light than this standard use of prenuptial agreements.


Most cases of putative marriage have similar results, with the putative spouse receiving restitution from the non-putative spouse. Most of the law that relates to putative marriage comes from the Uniform Marriage and Divorce Act. The Canon laws


When one discovers that he or she is a putative spouse, he or she will most likely go to court in order to annul the marriage. If he or she is seeking financial help, then he or she may have to go through official divorce proceedings.

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