Legal Definitions - causa matrimonii praelocuti

The Latin term causa matrimonii praelocuti translates to "on account of a marriage agreed upon beforehand" or "for the sake of a proposed marriage."

In legal contexts, this term refers to a gift, transfer, or promise made by one person to another, or by a third party to an engaged couple, with the explicit understanding and expectation that a marriage between specific individuals will take place. The underlying reason for the gift or transfer is the impending marriage. If the marriage does not occur as anticipated, the person who made the gift or transfer might have a legal basis to reclaim the property or revoke the promise, arguing that the fundamental condition (the marriage) upon which the gift was based was not fulfilled.

Here are some examples illustrating this concept:

• Example 1: Real Estate Contribution

  Sarah's parents, delighted about her upcoming wedding to Mark, provide a substantial down payment for a house, explicitly stating in a written agreement that the funds are a wedding gift intended for their marital home. They transfer the money to Sarah and Mark's joint account a month before the planned wedding. If Sarah and Mark subsequently call off the wedding, Sarah's parents could argue that the down payment was given causa matrimonii praelocuti and seek to recover the funds, as the marriage, which was the condition for the gift, did not occur.

• Example 2: Significant Personal Property

  David gives his fiancée, Emily, a valuable antique grand piano, which he inherited from his family, explaining that it is meant to be the centerpiece of their future home together once they are married. The gift is made a few weeks before their wedding date. If Emily later breaks off the engagement, David could assert that the piano was given causa matrimonii praelocuti and demand its return, because the marriage that motivated the gift never materialized.

• Example 3: Business Investment for a Shared Future

  Prior to their wedding, Alex invests a significant sum of money into his fiancée Ben's small business. They have discussed extensively that this investment is intended to grow their joint financial future as a married couple, with the profits contributing to their shared household expenses and long-term goals. If Ben then decides not to go through with the marriage, Alex might argue that his investment was made causa matrimonii praelocuti and seek to recover his funds, as the foundational premise of a shared marital future for the investment no longer exists.