Also known as:betrothals · betrothment · betrothments · engagement · espousal
Written by attorneys · grounded in primary & secondary sources — see below
An agreement between two people to marry each other. The agreement creates a period during which the parties are bound to proceed to ceremonial marriage, with gifts given in contemplation of that marriage subject to return if the ceremony does not occur.
Sources & Authorities· 3 primary sources
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Uniform Acts
Model Codes
Common Law
Restatements
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How it applies
Common Examples
6
Political Contribution for Judicial Appointment
Brianna Burke and her fiancé announced their betrothal. Brianna later made a large donation to the governor's campaign while seeking appointment as a probate judge. When the governor awarded her a government legal engagement, the contribution raised questions about whether merit alone determined the selection.
Return of Engagement Ring After Broken Betrothal
Blake Butler gave Brittany Bell an engagement ring upon their betrothal. When Brittany later called off the wedding, Blake demanded return of the ring. Because the ring was given in contemplation of the ceremonial marriage, the court ordered its return to the donor.
Bianca Blanco and Bharat Bhatia entered a betrothal. Before the wedding date, Bharat notified Bianca that he would not marry her. Bianca immediately sued for breach rather than waiting until the scheduled ceremony.
Hochster v. De La Tour2 EB. & B. 678, 118 Eng.Rep. 922
Preclusive Effect of Prior Betrothal Litigation
Bei Bai sued her former fiancé for return of an engagement gift after their betrothal ended. A second family member later attempted the same claim arising from identical facts. The court held the second action barred by the judgment in the first suit.
Taylor v. Sturgell553 U.S. 880, 893-895 (2008)
Cross-Burning Incident at Betrothal Celebration
During a betrothal party on private property, participants burned a cross in view of neighbors. The state prosecuted under a statute treating such acts as prima facie evidence of intent to intimidate. The defendants challenged the statute as overbroad.
Virginia v. Black538 U.S. 343 (2003)
Landlord Mitigation After Betrothal Dispute
Bristol Steel leased an apartment to a couple who had announced their betrothal. When the betrothal collapsed and the tenants abandoned the lease, the landlord advertised the unit and found a replacement tenant within a month. The court reduced damages accordingly.
Sommer v. Kridel378 A.2d 767
Common questions
Frequently Asked
2
Are engagement gifts recoverable if the betrothal ends without a wedding?+
Most jurisdictions treat engagement gifts, including rings, as conditioned on the ceremonial marriage occurring. If the marriage does not take place, the donor may recover the gifts after considering factors such as the type of property, donor intent, and any fraud or conditions attached.
Does a betrothal create an enforceable contract to marry?+
Actions for breach of promise to marry have been abolished by statute in most states. Where the action survives, recovery is limited to actual damages such as expenditures made in preparation for the marriage.
539 U.S. 558 (2003)Constitutional Law
…Court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the democratic rules of engagement are observed. Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's…