When someone declares their intention to do or not do something and another person trusts them, it is known as a promise. It can be likened to a transaction. In certain cases, a promise may be a legally binding agreement that can be enforced by law. However, if someone makes a promise without receiving anything in exchange, it is referred to as a gratuitous promise, and it is typically not enforceable by law. A promise to marry is known as a marriage promise, but it differs from a promise made in exchange for marriage.
A promise to marry is a commitment made by one person to another indicating their intention to marry. It is a form of promise that signifies an intention to act or refrain from acting in a specific way, communicated in a manner that justifies the other person’s understanding of the commitment. For instance, if John assures Jane that he will marry her, it constitutes a promise to marry. If John later changes his mind and decides not to marry Jane, he may be held accountable for breaching the promise to marry. Promise to marry is a legal concept within the realm of family law, also referred to as betrothal or engagement to be married. Depending on the circumstances, a promise to marry may be legally enforceable in certain cases.
In most jurisdictions, a promise to marry is not legally binding. It is considered a social agreement and does not carry the same legal weight as a formal marriage contract.
Generally, you cannot sue someone for breaking a promise to marry you. Courts do not enforce such promises as they are considered personal matters and not legally enforceable contracts.
While a promise to marry itself may not be sufficient evidence for a breach of promise lawsuit, it can be used as supporting evidence if other elements of a valid contract, such as consideration or reliance, are present.
Yes, a promise to marry can be revoked or withdrawn at any time before the marriage takes place. It is not legally binding and can be freely terminated by either party.
Generally, a promise to marry does not entitle either party to financial compensation. However, in some jurisdictions, a breach of promise to marry may result in damages if the injured party can prove they suffered financial loss or emotional distress as a direct result of the broken promise.
In some cases, a promise to marry can be used as a defence against a breach of contract claim if the promise was made under duress, fraud, or coercion. However, this defence may vary depending on the specific laws of the jurisdiction.
No, a promise to marry cannot be enforced if one party changes their mind. Both parties must willingly consent to the marriage, and if one party decides not to proceed, the promise becomes void.
No, a promise to marry is not considered a legally binding prenuptial agreement. Prenuptial agreements require specific legal formalities and must be entered into voluntarily by both parties with full disclosure of assets and liabilities.
In some jurisdictions, a promise to marry, combined with other factors such as cohabitation and holding oneself out as a married couple, may be used to establish a common-law marriage. However, this varies depending on the laws of the specific jurisdiction.
No, a promise to marry cannot be enforced if one party is underage. Marriage laws typically require both parties to be of legal age to consent to marriage, and any promise made by an underage individual would not be legally binding.
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: 25th April 2024.
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