Legal Definitions - restraint of marriage

Restraint of Marriage

This legal term refers to a condition placed within a legal document, such as a will, a trust, or a contract, that attempts to discourage or prevent someone from marrying or remarrying. If the person subject to this condition were to marry or remarry, they would lose a specific gift, inheritance, or benefit outlined in the document.

Courts generally view such conditions as against public policy because they interfere with an individual's fundamental right to marry. Therefore, these restraints are often declared legally unenforceable or "void," particularly if they are broad, absolute, and do not allow for reasonable exceptions.

• Example 1: Inheritance from a Will

  Imagine an elderly parent leaves a substantial sum of money to their adult child in their will, but includes a clause stating, "This inheritance shall be forfeited if my child ever marries."

  This illustrates a restraint of marriage because the child's right to receive the inheritance is made conditional upon them remaining unmarried. A court would likely find this condition to be an unenforceable restraint on marriage, allowing the child to inherit the money regardless of their marital status.

• Example 2: Property Agreement

  Consider a situation where a property owner offers a long-term lease on a valuable piece of land to a tenant at a significantly below-market rate. However, the lease agreement includes a provision that the discounted rent will immediately revert to the full market rate if the tenant marries or remarries.

  Here, the benefit of reduced rent is tied to the tenant's marital status. This condition acts as a restraint of marriage, as it penalizes the tenant financially for marrying. A court would likely invalidate this specific clause, allowing the tenant to maintain the reduced rent even if they marry.

• Example 3: Trust Fund Distribution

  A wealthy grandparent establishes a trust fund to provide a monthly stipend to their grandchild for life. One of the terms of the trust specifies that "all monthly payments from this trust shall cease immediately upon the grandchild's marriage."

  This scenario demonstrates a restraint of marriage because the ongoing financial support from the trust is made contingent on the grandchild remaining unmarried. Such a condition is generally considered void by courts, meaning the grandchild would continue to receive the stipend even after marrying.