The bum-marriage doctrine states that individuals cannot invoke the marital-witness privilege if their marriage is practically over, regardless of its legal validity. This means that if a couple is no longer cohabiting or has separated, one spouse cannot refuse to testify against the other in court solely based on their marital status. The bum-marriage doctrine aims to prevent individuals from using their marital status as a means to evade providing evidence in legal proceedings.
The principle of the bum-marriage doctrine states that the marital-witness privilege cannot be invoked by a partner in a marriage that is effectively over, even if it remains legally binding. This doctrine is also referred to as the moribund marriage doctrine. For instance, if a couple is separated and living apart, but not yet legally divorced, and one partner is summoned to testify against the other in court, they cannot claim the marital-witness privilege. This is because their marriage is deemed to be effectively over, and the privilege only pertains to couples who are still in a valid and operational marriage. The bum-marriage doctrine is based on the notion that the marital-witness privilege is intended to safeguard the sanctity and privacy of a functional marriage. If a marriage is no longer functional, then there is no longer a need to protect it. As a result, the privilege cannot be invoked in cases where the marriage is effectively over, even if it remains legally binding.
The Bum-Marriage Doctrine is a fictional concept that does not exist in any legal system. It is not recognized or acknowledged by any court or legal authority.
No, you cannot legally marry someone without their consent under any legal doctrine. Consent is a fundamental requirement for a valid marriage in all jurisdictions.
No, the Bum-Marriage Doctrine does not exist, and therefore, it does not provide any provisions for polygamous marriages or any other type of marriage.
No, as the Bum-Marriage Doctrine is not recognized in any legal system, it cannot be used to avoid property division or any other legal obligations in a divorce.
No, the Bum-Marriage Doctrine is a fictional concept and does not provide any legal rights or protections to individuals.
No, as the Bum-Marriage Doctrine is not recognized in any legal system, it cannot be used to claim spousal support or alimony.
No, the Bum-Marriage Doctrine is not recognized by any immigration or citizenship laws. Genuine marriages based on legal requirements are necessary to obtain immigration or citizenship benefits.
No, the Bum-Marriage Doctrine has no legal standing, and therefore, it cannot be used to establish parental rights or responsibilities.
No, the Bum-Marriage Doctrine is not recognized in any legal system, and it cannot be used to avoid paying child support or any other legal obligations.
No, as the Bum-Marriage Doctrine is a fictional concept, it cannot be used to challenge the validity of a marriage. Validity is determined based on the legal requirements of the jurisdiction in which the marriage took place.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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