Legal Definitions - marriage promise

A marriage promise refers to a declaration or agreement between two individuals to marry each other. This promise signifies a mutual intention to enter into a marital union at a future point. While historically a broken marriage promise could lead to legal action for damages (known as "breach of promise to marry"), most jurisdictions in modern times have abolished or significantly restricted such lawsuits. Nevertheless, the concept of a marriage promise remains relevant in various legal contexts, such as determining the ownership of engagement gifts or the validity of prenuptial agreements.

Here are some examples illustrating a marriage promise:

• Example 1: After several years of dating, Mark proposes to Sarah, asking her to marry him and presenting an engagement ring. Sarah accepts his proposal.

  Explanation: Mark's proposal and Sarah's acceptance constitute a clear marriage promise. This mutual agreement to marry is often symbolized by the engagement ring. Should the engagement later be called off, the legal question of who retains ownership of the ring often depends on the existence and nature of this promise, and who broke it.

• Example 2: Before their planned wedding, David and Emily consult an attorney to draft a prenuptial agreement outlining how their assets would be divided in the event of a divorce. They both sign the document.

  Explanation: The very act of creating and signing a prenuptial agreement is predicated on an existing marriage promise. Such an agreement is made in contemplation of marriage, and its enforceability is directly tied to the understanding that a marriage promise has been made and is intended to be fulfilled.

• Example 3: During a family holiday gathering, Jessica and Michael announce to their relatives that they are engaged and plan to get married in the spring, discussing potential wedding venues and dates.

  Explanation: This public declaration to family and friends, coupled with discussions about future wedding plans, serves as a mutual marriage promise. While less formal than a proposal with a ring, it clearly communicates their shared intent to marry, establishing a social and personal commitment to a future marital union.