Legal Definitions - contra fidem tabularum nuptialium

contra fidem tabularum nuptialium is a Latin legal phrase primarily used in Scots law. It translates to "against the provisions of the marriage contract."

This term describes a situation where one party to a marriage acts in a way that directly contradicts or violates the specific terms, conditions, or promises outlined in a written agreement made before or at the time of their marriage. Such agreements are most commonly known as antenuptial contracts or prenuptial agreements.

Here are some examples to illustrate this concept:

• Example 1: Financial Provisions

  Before their marriage, Sarah and Mark signed an antenuptial contract stating that in the event of a divorce, Mark would transfer ownership of a specific family heirloom, a valuable antique clock, to Sarah. Years later, when they decide to divorce, Mark refuses to hand over the clock, claiming it has sentimental value to him and he no longer wishes to part with it.

  How it illustrates the term: Mark's refusal to transfer the antique clock directly goes "contra fidem tabularum nuptialium." His actions are against the explicit provision of their marriage contract, which clearly stipulated the transfer of this specific asset to Sarah upon divorce.

• Example 2: Property Ownership and Sale

  David and Emily entered into an antenuptial agreement that specified how a jointly purchased vacation home would be managed. A clause in the contract stated that the property could only be sold with the written consent of both parties. After several years, David decides he wants to sell the vacation home to fund a new business venture and attempts to list it with a real estate agent without consulting Emily or obtaining her written permission.

  How it illustrates the term: David's attempt to sell the vacation home unilaterally, without Emily's written consent, is an action "contra fidem tabularum nuptialium." He is acting against the clear, agreed-upon provision in their marriage contract regarding the sale of their shared property.

• Example 3: Inheritance and Estate Planning

  Liam, a successful entrepreneur, signed an antenuptial contract with his fiancée, Chloe, which included a clause protecting his shares in his family business. The contract stipulated that these shares would remain his separate property and, upon his death, would be passed directly to his children from a previous marriage, not to Chloe. After their marriage, Liam drafts a new will that attempts to bequeath a significant portion of these business shares to Chloe, without any prior amendment or agreement to change the antenuptial contract.

  How it illustrates the term: Liam's attempt to alter the disposition of his business shares in his will, in a manner that contradicts the specific terms of their antenuptial contract regarding separate property and inheritance for his children, is an act "contra fidem tabularum nuptialium." He is acting against the faith and provisions of their marriage agreement.