Legal Definitions - spousals

Spousals refers to a historical legal concept involving mutual promises or agreements between two individuals to marry each other at a future date. Essentially, it was a formal engagement where both parties committed to future matrimony, often carrying significant legal and social weight in past eras.

Here are some examples illustrating the concept of spousals:

• Example 1: Formal Family Agreement

  In 18th-century Europe, two prominent families, the Montagues and the Capulets, formally agreed that their eldest children, Romeo and Juliet, would marry once they reached a suitable age. This agreement was documented and witnessed, with both Romeo and Juliet, upon reaching maturity, publicly affirming their consent to the union. This mutual and formal commitment to future marriage between Romeo and Juliet constituted spousals, establishing a legally recognized bond even before the wedding ceremony.

• Example 2: Public Declaration of Intent

  Consider a scenario in early 20th-century America where a young couple, Thomas and Sarah, deeply in love, exchanged engagement rings and, in front of their families and friends at a celebratory dinner, explicitly declared, "We promise to marry each other." While no immediate wedding date was set, their public words and actions signified a binding commitment to future matrimony. This clear, mutual declaration of intent to marry would have been recognized as spousals, creating an expectation of marriage that was legally enforceable in many jurisdictions at the time.

• Example 3: Basis for Legal Action

  Imagine a situation in the mid-19th century where a gentleman, Mr. Darcy, proposed marriage to Miss Elizabeth Bennet, and she accepted. They then proceeded to make extensive plans for their wedding, including setting a date, ordering a gown, and sending out invitations. This mutual acceptance and subsequent actions solidified their spousals. If Mr. Darcy had later, without a valid reason, broken off the engagement, Miss Bennet might have historically had grounds for a "breach of promise to marry" lawsuit, seeking damages based on the legal weight of their established spousals.