What You Need to Know About Putative Marriages

One reason why an individual may enter a putative marriage with someone instead of a traditional one is if they are unsure of how to fix their own legal dilemma, or unwilling to invest the time and money that it will take to fix their legal problem. Often, an old marriage that was never legally eradicated will render the new marriage null and void. On the other hand, if an individual is unaware that previous marriage has not been legally voided, then both spouses will be putative, as long as it can be proven that the individual did not know that he or she was still married.

Another reason that one may knowingly enter a putative marriage is for financial gain. Some traditional marriage values depend on the income of the spouse one is marrying. While romanticized views of marriage may mistake this for alimonychildren
A third reason that one may find themselves in a putative marriage a technical matter such as the legitimacy of the individual officiating the marriage ceremony. If the individual was found to be unlicensed for performing marriages in that state, then the couple should have no trouble entering a traditional marriage by having a new wedding ceremony. Once the legal problem is gone, then the marriage can become valid. No marriage that is a putative marriage can become valid until the legal impediment is gone.

Using the laws that govern putative marriage to free oneself from an individual without having to suffer the financial losses may be necessary, depending on the circumstances. However, it is also likely that both parties are in the dark about the circumstances of their putative marriage.