Legal Definitions - jactitation of marriage

Jactitation of marriage refers to the false and public assertion by one person that they are married to another, when no such marriage legally exists. Historically, this was a specific legal action that could be brought by the person whose marital status was being misrepresented. The primary purpose of such an action was to obtain a court order, known as an injunction, compelling the person making the false claims to cease doing so. While this cause of action is rarely used in modern law, it addresses situations where someone's reputation, personal relationships, or actual marital status is harmed by another's untrue boasts of marriage.

Here are some examples to illustrate this concept:

• Social Media Misrepresentation: Imagine a situation where a fan of a well-known public figure begins posting extensively on social media, claiming they are secretly married to the celebrity and sharing fabricated details of their "life together." This fan might even create fake documents or stories to support their claim.

  This illustrates jactitation of marriage because the fan is falsely and publicly asserting a marital relationship with the celebrity. The celebrity, if this action were available in their jurisdiction, could seek a court order to stop these untrue claims, which could be damaging to their public image and personal life.

• False Claim for Financial Gain: Consider a scenario where, after a wealthy individual passes away, a former acquaintance starts telling the deceased's family members and estate executors that they were secretly married to the deceased. The acquaintance might do this in an attempt to claim a share of the inheritance or other financial benefits.

  This demonstrates jactitation of marriage because the acquaintance is making a false claim of marriage, potentially with significant financial motivation. The deceased's actual heirs or estate administrators could, in a legal system that recognizes this action, seek an injunction to prevent the acquaintance from continuing these false assertions, which could complicate the estate distribution process.

• Reputational Harm Post-Relationship: Suppose two individuals had a brief, non-marital relationship that ended poorly. One of them then repeatedly tells their former partner's new colleagues, friends, and acquaintances that they are still legally married, even though they never were or are officially divorced. This causes significant confusion and embarrassment for the former partner in their professional and social circles.

  This exemplifies jactitation of marriage because the individual is falsely boasting of a marital relationship that does not exist. The former partner could, in a legal framework that still recognizes jactitation of marriage, seek a court order to stop these untrue statements, which are harming their reputation and personal relationships.