Marital restraint: A provision that voids a gift or inheritance upon the recipient’s marriage or remarriage. This provision is typically deemed invalid if it applies universally to all marriages without specificity.
Restraint of marriage can be imposed as a condition in a gift or bequest, rendering the grant null and void if the recipient enters into marriage or remarriage. However, restraints of marriage are typically deemed unacceptable if they are excessively broad or all-encompassing. For instance, if a wealthy uncle bequeaths his estate to his niece but includes a restraint of marriage in the will, stipulating that she will forfeit the inheritance upon marriage, this serves as an example of a restraint of marriage. Another example is when a couple jointly purchases a house and includes a restraint of marriage clause in the contract, resulting in the loss of their respective shares if either party gets married. These instances demonstrate how a restraint of marriage can restrict an individual’s ability to marry or remarry. Nevertheless, it is crucial to acknowledge that such restraints are generally disallowed if they are overly extensive or unjust.
No, individuals generally have the right to marry whomever they choose, as long as they meet the legal requirements for marriage.
In most cases, parents or guardians cannot legally prevent someone from getting married, as long as the person is of legal age and meets the other requirements for marriage.
Yes, there are certain legal restrictions on who you can marry. For example, you cannot marry someone who is already married, closely related to you, or underage.
In certain circumstances, a court may issue an order preventing someone from getting married. This typically occurs in cases involving minors or individuals who lack the mental capacity to make informed decisions.
Yes, religious institutions have the right to refuse to perform a marriage ceremony if it goes against their religious beliefs. However, this does not prevent you from getting legally married through a civil ceremony.
No, forced marriages are illegal in many jurisdictions. If you are being coerced or forced into a marriage, you should seek help from law enforcement or support organisations.
No, it is illegal to be married to more than one person at a time. If you are already married, you must legally dissolve your previous marriage before entering into a new one.
The legality of same-sex marriage varies by jurisdiction. In many countries, same-sex marriage is legally recognized, while in others it may be prohibited or not yet recognized.
Yes, you can marry someone from another country, but there may be additional legal requirements, such as obtaining a marriage visa or meeting immigration criteria.
In most jurisdictions, individuals must be at least 18 years old to get married without parental consent. However, some jurisdictions allow marriage at a younger age with parental or judicial consent.
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: 17th April 2024.
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