Legal Definitions - contra libertatem matrimonii

Contra libertatem matrimonii is a Latin legal phrase that translates to "against freedom of marriage." It refers to any rule, condition, or agreement that unlawfully restricts an individual's ability to marry, or to choose their spouse, without legitimate justification.

Historically, this concept was invoked to challenge various restraints on marriage, some of which were deemed contrary to public policy or fundamental rights. It emphasizes the principle that individuals should generally have the liberty to enter into marriage without undue interference.

Here are some examples illustrating this concept:

• Example 1: A Will with Restrictive Conditions

  Imagine a will left by a wealthy grandparent that states a grandchild will only inherit a substantial sum of money if they marry a person of a specific, narrow profession or never marry at all. If the grandchild marries someone outside that profession, or chooses to marry at all when the condition was to remain single, they lose the inheritance.

  How it illustrates the term: This condition directly imposes an unreasonable and often unenforceable restriction on the grandchild's fundamental freedom to choose a spouse or to marry. It attempts to control a deeply personal decision through financial leverage, thus going "contra libertatem matrimonii."

• Example 2: A Contractual Agreement Restricting Remarriage

  Consider a divorce settlement agreement where one party agrees to pay spousal support (alimony) to the other, but only on the condition that the recipient never remarries. If the recipient does remarry, the spousal support payments immediately cease, even if they would otherwise be entitled to continued support based on their financial need and the length of the marriage.

  How it illustrates the term: While some spousal support arrangements naturally end upon remarriage, a clause specifically designed to penalize remarriage by completely stripping away otherwise valid support obligations could be challenged as an undue restraint on the freedom to marry again. It creates a financial disincentive that interferes with an individual's liberty to enter into a new marriage.

• Example 3: Historical Laws or Customs Preventing Certain Marriages

  In certain historical societies, laws or deeply entrenched customs might have prohibited individuals from marrying someone outside their social class, religious group, or even a specific geographical region. For instance, a law might have forbidden a noble from marrying a commoner, or a member of one religious sect from marrying someone of another.

  How it illustrates the term: Such laws or customs directly infringed upon the freedom of individuals to choose their marriage partners based on arbitrary classifications. They imposed external barriers that prevented otherwise willing and eligible adults from marrying each other, thereby acting "contra libertatem matrimonii" by restricting the choice and liberty inherent in marriage.