Key Takeaways

  • A breach of promise to marry is considered a legal cause of action in some states, treated similarly to breach of contract.
  • Legal recognition and enforcement of such cases vary widely across jurisdictions.
  • Damages for a breach may include financial, emotional, and reputational harm, and in some cases, punitive damages.
  • Alternatives like suing for fraud may apply when heart balm statutes prohibit breach of promise claims.
  • Legal defenses include mutual breakup, lack of intent, or unfulfilled conditions of the engagement.

A Breach of Promise

A breach of promise to marry may sound like something from a bad fairy tale, but it is an actual breach that can occur should one person back out of a proposed marriage. In many states, the person who breaks a promise to get married could face many legal challenges, particularly paying potentially high sums of money to the person to whom the promise was made. Before entering into a marital contract, be sure you know what you are getting into should you get a case of cold feet.

What is a Breach of Promise to Marry?

A breach of promise to marry happens when one person promises to marry the other but then opts to back out of the agreement. A promise to marry is legally enforceable in half of the states in the country, as long as the agreement meets the requirements of a contract.

Not fulfilling a promise to marry is akin to a breached contract. One party is allowed to hold the other liable for breaking the promise. “Heart Balm Laws” are the laws that govern the promise to marry.

The three basic elements of a contract include:

  • An offer
  • An acceptance
  • Consideration

The mutual promise to get married is consideration. The consideration is an item of value that is exchanged between parties. This can be something physical like money or a mutual promise.

In many states, a contract to marry is not required to be in writing to be enforced. The Statute of Frauds does not apply to a marriage contract. Although one party can win the suit, it does not mean the other party is then forced to go through with the marriage. Instead, the victim will win monetary damages that will replace any out-of-pocket expenses laid out for the wedding.

If there was any especially offensive conduct on the part of the defendant, punitive damages could also apply.

Recovery can also be possible if there is a cause for fraud. The court is not typically happy about hearing cases of promise to marry, as there are many emotions tied to them. They are so personal and bitter in many cases that courts find them difficult to settle.

Additionally, there is an incorrect assumption that some victims will threaten a suit to pressure a person of wealth into a high settlement. For this reason, many statutes will no longer allow suits for breach of promise to marry.

What Damages Can Be Recovered for a Breach of Promise to Marry?

There is no hard-line rule when it comes to the type of damages recovered for a breach of promise to marry. While a promise to marry is a contract, many jurisdictions will allow the awards applicable to tort causes of action.

Some of the damages could include:

  • Financial loss: the plaintiff could recover money for losses such as money from preparing for a wedding, the loss of a home, the loss of any quantifiable advantage that stemmed from the marriage.
  • Compensatory: these damages are those pertaining to the plaintiff’s mental or emotional state or reputation.
  • Punitive: these damages could be awarded if the breach was done with fraud, force, or malicious intent.

Suing for Fraud for Breach of Promise

If you want to get around a heart balm statute, you could try to sue for fraud instead of breach of contract. Fraud has to do with the following:

  • A false statement made by the defendant presented as fact
  • The defendant is aware the statement is false
  • The defendant knows the plaintiff will rely on that statement
  • The statement is relied upon by the plaintiff
  • The plaintiff endures harm because of the reliance on the statement

Evidence Commonly Used in Breach of Promise Cases

Plaintiffs must present compelling evidence to support a breach of promise to marry claim. Common types include:

  • Written Communications: Letters, emails, or text messages indicating an intent to marry.
  • Witness Testimony: Friends or family who were told of the engagement.
  • Receipts and Contracts: Proof of wedding-related expenses, such as venue deposits or dress purchases.
  • Engagement Ring: The giving and acceptance of a ring can be used to support the existence of a promise.
  • Proof of Damages: Bills, canceled contracts, or therapist notes supporting claims of financial and emotional harm.

Courts scrutinize such claims carefully due to their sensitive and often emotional nature.

What Happens When the Plaintiff is Successful in the Breach?

If the plaintiff wins the case, he or she cannot obviously force the defendant into marriage. Also, the plaintiff’s award could be mitigated or reduced if he or she has acted in a way that prevented the recovery of damages.  He or she will still have some liability in the contract.

Legal Defenses to a Breach of Promise Claim

Defendants facing a breach of promise to marry claim may have several legal defenses available to challenge the suit:

  • Mutual Agreement to Cancel: If both parties agreed to end the engagement, there may be no cause of action.
  • Lack of Intent to Marry: Demonstrating that the promise was not seriously made or understood as binding.
  • Plaintiff’s Misconduct: If the plaintiff engaged in fraud, infidelity, or abuse, the defendant may be justified in breaking off the engagement.
  • Failure to Meet Conditions: Some marriage promises are conditional, such as securing employment or relocating. If conditions were not met, the promise may be void.
  • Statute of Limitations: Like other civil claims, breach of promise suits must be filed within a legal time limit, which varies by state.

State-by-State Variations in Breach of Promise Laws

The enforceability of breach of promise to marry claims significantly varies by state:

  • Permissive States: Some states still allow breach of promise claims if all contract elements are satisfied.
  • Restricted Jurisdictions: Many have passed "heart balm statutes" that prohibit or limit such lawsuits, especially where emotional distress is the only harm.
  • Abolished Actions: Several states, including California, have abolished breach of promise actions altogether.

Because laws differ, it’s critical to consult with a local attorney to assess whether a case is viable in your jurisdiction.

Frequently Asked Questions

  1. Is breach of promise to marry still recognized today?
    Yes, but only in some states. Many have abolished such claims through heart balm statutes.
  2. What is a heart balm statute?
    A law that prevents certain emotional distress-based lawsuits, such as breach of promise to marry.
  3. Can I get my engagement ring back if we break up?
    Possibly. Courts may order its return if it was given as a conditional gift based on marriage.
  4. What if I was financially harmed by the broken engagement?
    You may recover damages for provable financial losses, such as canceled wedding expenses or lost housing costs.
  5. How do I prove a breach of promise to marry?
    You need evidence like communications, expenses incurred in reliance on the promise, and witness testimony.

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