Also known as: agreements to marry · promise to marry
Written by attorneys · grounded in primary & secondary sources — see below
A promise for which all or part of the consideration is marriage or a promise to marry. The promise falls within the statute of frauds unless it consists solely of mutual promises by the two persons to marry each other.
Hazel offered Avery an equity partnership with profit sharing if Avery married Hazel's son. Avery accepted and married the son six months later. When Hazel later refused the promotion citing firm finances, Avery sued for breach. The court held the promise unenforceable because marriage supplied part of the consideration and no signed writing existed.
Parent promised child a lifetime income stream in exchange for marrying a named individual. The child married and performed. When the parent refused payment, the court held the promise unenforceable for lack of a signed writing because marriage supplied part of the consideration.
Select any source to read its text and confirm it supports the definition.
Uncle promised niece a parcel of land if she married a particular suitor. The niece married and demanded the deed. The court refused enforcement because the promise was within the statute of frauds and no writing satisfied the requirement.
Two persons exchanged only promises to marry each other with no other consideration mentioned. When one later refused, the court enforced the agreement because the sole exception to the statute of frauds applied.
A promise falls within the statute when marriage or a promise to marry supplies all or part of the consideration. The sole exception covers agreements consisting only of mutual promises by the two persons to marry each other. Any additional promise of value such as a partnership or property transfer removes the agreement from the exception.
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Recovery extends to actual expenditures made in preparation for marriage and to loss of reputation, mental anguish, and injury to health. Expectancy damages such as lost social position or lifetime financial support are not recoverable. Punitive damages may be awarded upon a showing of malice.
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The statute applies whenever marriage supplies any part of the consideration even if independent professional performance exists. Courts examine whether the marriage formed a bargained-for element rather than whether other consideration was also present. The absence of a signed writing renders the promise unenforceable.
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Gifts given in contemplation of marriage are conditioned on the ceremonial marriage taking place. If the marriage does not occur the gifts must be returned. Courts examine donor intent and the nature of the property to determine recoverability.
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…not capable of retraction, could not be a breach. There are well-known examples in which a prior act amounts to a breach: a promise to marry on a future day is broken if the promisor marries another before that day ( Short v. Stone , 8 Q. B. 358), and a contract to assign a term of years on a future day is broken by an earlier…