FACTOID # 53: If you thought Antarctica was inhospitable, think again - its land area is only ninety-eight percent ice. Reassuringly, the other 2% is categorised as "barren rock".
 
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Encyclopedia > Putative marriage

A putative marriage is an apparently valid marriage, entered into in good faith on part of at least one of the partners, but is invalid because of an impediment, such as a currently valid marriage on part of one of them. Putative marriages exist in both Catholic canon law and in various civil laws, though the rules may vary. In some jurisdictions, putative marriages are a matter of case law rather than legislation. Good faith, or in Latin bona fides, is the mental and moral state of honesty, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct, even if the conviction is objectively unfounded. ... Canon law is the term used for the internal ecclesiastical law which governs various churches, most notably the Roman Catholic Church, the Eastern Orthodox Churches and the Anglican Communion of churches. ... In the common law, civil law refers to the area of law governing relations between private individuals. ...


In canon law, the marriage is recognized, until its invalidity be proved; the children born of it are legitimate, and the spouses can not marry others without proving the invalidity. If the invalidity is proven, an annulment can be granted. If the impediment is removed, or a dispensation granted, the marriage can be validated. 210. ...


In many jurisdictions, under civil law, the marriage becomes valid if the impediment is removed. If it is not, the innocent spouse, at least, is entitled to the protections of a divorce for division of property and child custody.


This article incorporates text from the public-domain Catholic Encyclopedia. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... The Catholic Encyclopedia (also referred to as the Old Catholic Encyclopedia today) is an English-language encyclopedia published in 1913 by the The Encyclopedia Press, designed to give authoritative information on the entire cycle of Catholic interests, action and doctrine. // History The writing of the encyclopedia began on January 11...


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