Legal Definitions - conjunctio animorum

The Latin term conjunctio animorum, used in Scots law, refers to the essential mutual agreement and understanding between two individuals to enter into a marriage. It signifies that both parties genuinely intend to be married and freely consent to the union, with a shared purpose and commitment to become spouses.

Here are some examples illustrating this concept:

• Example 1: Explicit Agreement

  After several years of dating, Michael gets down on one knee and asks Jessica to marry him. Jessica, delighted, immediately says "yes." They then begin making plans for their wedding.

  This scenario demonstrates conjunctio animorum because both Michael and Jessica have clearly and explicitly expressed their mutual consent and shared intention to enter into marriage. Their agreement is free, willing, and understood by both.

• Example 2: Absence of Genuine Consent

  Sophia agrees to marry Daniel only because her parents have pressured her intensely, threatening to cut off financial support if she refuses. Privately, Sophia does not wish to marry Daniel and feels trapped.

  In this situation, conjunctio animorum is absent. Although Sophia verbally agrees, her consent is not genuine, free, or willing. It is given under duress, meaning there is no true mutual intention to marry on her part, which could invalidate the marriage in the eyes of the law.

• Example 3: Public Declaration of Intent

  During their wedding ceremony, when the officiant asks Emily, "Do you take Mark to be your lawful wedded husband?" and then asks Mark, "Do you take Emily to be your lawful wedded wife?", both respond with a clear and unequivocal "I do."

  This public exchange of vows and declarations serves as a formal expression of conjunctio animorum. By each party affirming their "I do," they are publicly and mutually consenting to the marriage, demonstrating their shared intent and agreement to become spouses.