Putative Spouse Doctrine.




The term "putative spouse doctrine" refers to a legal principle that recognizes the validity of a marriage or spousal relationship even if it is later determined to be void or invalid. The doctrine is based on the idea that when individuals enter into a marriage or spousal relationship in good faith and with a genuine belief that their union is legal, they should be afforded certain legal protections and benefits that are typically associated with marriage.

Under the putative spouse doctrine, if a person enters into a marriage or domestic partnership in good faith, meaning they genuinely believe the relationship is valid, but it is later discovered that there was a legal defect in the marriage (such as a failure to meet certain legal requirements or formalities), that person may still be considered a putative spouse. As a putative spouse, they may be entitled to certain rights and benefits, such as property division, spousal support, or inheritance rights, that would normally be available to legally married couples.

The specific application and scope of the putative spouse doctrine may vary depending on the jurisdiction. Some jurisdictions may have specific statutory provisions that govern the recognition and treatment of putative spouses, while others may rely on case law or other legal principles. It is important to consult the laws of the relevant jurisdiction to understand how the putative spouse doctrine is applied in a particular situation.

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Advocate Daxter Aujla.