Legal Definitions - sponsalia per verba de praesenti

Sponsalia per verba de praesenti refers to a historical form of informal marriage recognized under Ecclesiastical law. It occurred when two individuals mutually agreed, in the present moment, to consider each other as husband and wife. This agreement, based solely on their current consent, was deemed a fully valid marriage, even without a formal ceremony, witnesses, or public declaration.

A key aspect of this type of union was its legal precedence: if one of the parties later attempted to enter into a formal, ceremonial marriage with someone else, the earlier sponsalia per verba de praesenti would invalidate the subsequent formal union.

• Example 1: The Secret Vows

  Elara and Finn, deeply in love but facing strong opposition from Elara's wealthy family, decide to marry in secret. One evening, alone in their shared apartment, they look into each other's eyes and solemnly declare, "I take you as my husband, starting now and forever," and "I take you as my wife, from this moment forward." They consider themselves married from that instant, without any ceremony or official paperwork.

  This illustrates sponsalia per verba de praesenti because Elara and Finn made a clear, present-tense agreement to be husband and wife. Their mutual consent, expressed in the present, formed a valid marriage under this historical legal principle, despite its informal nature and lack of public acknowledgment.

• Example 2: The Affirmation of Cohabitation

  During a time when formal church weddings were costly and less accessible for some, two villagers, Thomas and Mary, had lived together for several years, sharing a home and presenting themselves as a couple. One day, while discussing their future, they explicitly affirm to each other, "We are truly husband and wife in our hearts and before God, from this very moment." They continue to live as a married couple, sharing responsibilities and presenting themselves as such to their small community, though they never had a church ceremony.

  This demonstrates the concept as Thomas and Mary's direct, present-tense declaration of intent to be married to each other, even without a formal ceremony, would have constituted a valid sponsalia per verba de praesenti union. Their existing cohabitation combined with this explicit, present consent solidified their marital status under this legal principle.

• Example 3: The Departure Agreement

  Before embarking on a dangerous sea voyage, Captain Alistair and his beloved Isabella, knowing they might not see each other again for a long time, stand on the docks and exchange private vows. Alistair says, "From this instant, you are my wife," and Isabella replies, "And you, my husband." They part, believing themselves truly married. Years later, Alistair returns, only to find Isabella preparing for a formal wedding to a wealthy merchant, having presumed Alistair lost at sea.

  Here, Alistair and Isabella's solemn, present-tense agreement to be married before his departure would have established a sponsalia per verba de praesenti marriage. Under Ecclesiastical law, this earlier, informal union would take precedence and potentially invalidate Isabella's subsequent attempt at a formal marriage with the merchant, as she was already considered married to Alistair.