What Is a Breach of Promise to Marry?

A breach of promise to marry, or simply, breach of

a promise, occurs when a person promises to
marry another, and then backs out of their
agreement. In about half of all U.S. states, a promise
to marry is considered to be legally enforceable,
so long as the promise or agreement fulfills all the
basic requirements of a valid contract.

want to. If the plaintif prevails, they cannot

obtain specific performance as a remedy. The
defendant cannot be forced to marry the plaintif as
indicated in the contract. On the other hand a
plaintifs damage award may be subject to
mitigation or reduction if they have acted in
someway to contribute to the breach.

The failure to fulfill a promise to marry is treated like

a breach of contract. Meaning, quite simply, a party
can hold the other party liable for breaking their
promise.

If the plaintif has already married someone else, it

will not in any way afect their ability to recover
damages. The fact that the plaintif has married
does not relieve the defendant of their liability
under the contract.

The laws governing promises to marry are known as

Heart Balm Laws. If a state does not enforce a
heart balm statute, then no lawsuit may be filed for
a breach of promise to marry. The parties will not be
entitled to damages for losses. However, recovery
may still be possible through a cause of action
forfraud.

What Factors Will a Court Consider When

Calculating Damages?
As a general rule, any claim of damages for breach
of a promise to marry will be highly scrutinized by a
court. This is due to the possibility of a lawsuit being
brought simply for the purpose of forcing a wealthy
person into a generous settlement ofer.

What Damages Can Be Recovered for a Breach of

Promise to Marry?
There is no bright-line rule as to the amount or type
of damages that can be recovered for breach of
promise to marry. Although a promise to marry is
basically a contract, some jurisdictions allow
damage awards that are normally only available in
a tort cause of action.

Thus, the amount of damages awarded in a breach

of promise to marry is generally subject to the
courts own discretion. A court will consider all of
the various circumstances surrounding the partys
relationship, such as:

Generally,
include:

some

forms

of

available

damages

Damages for Financial Loss: The plaintif

may be able to recover for any financial losses
caused by the breach of promise to marry. These
may include both past and future losses, such as:

Losses resulting from preparation for

The financial position of each person prior

to the promise

A projection of how a marriage would

financially effect each party

The social and financial standing of the

defendant as an estimate of the lifestyle that the
plaintif would have received

Physical intimacy,
children between the parties

a wedding

Loss of a quantifiable prospective

advantage that would have resulted from the
marital relationship

Compensatory
damages:
These are
damages for related losses such as injury to the
plaintifs health, emotional state, or reputation

Punitive damages: Exemplary damages

may be awarded where the breach was committed
with malicious intent, fraud, violence or force, or
where the defendant was grossly negligent in their
acts.
What Happens When the Plaintif Is Successful In
the Breach?
Obviously a plaintif who wins the lawsuit cannot
force the defendant to marry them if they do not

or

As in any breach of contract claim, a court will

consider all forms of evidence in order to
determine the intentions of the parties. These may
include oral and written statements, as well as the
conduct of the parties.

Loss of a home or property

pregnancies,

Are There Any Defenses to a Breach of Promise to

Marry?
Most of the defenses in a breach of promise claim
have to do with the partys capacity to enter into a
valid contract. Some commonly raised defenses to
breach of promise are:

Either party lacked the capacity to enter into

a valid contract

The promise was

fulfill contract requirements

After making the promise, the defendant

became aware of the plaintifs conditions such as

invalid

or

did

not

incapacity or disease that would make it improper or

unsafe to enter into marriage
It is not a valid defense if the plaintif was
engaged to another person at the time of the
promise. Also, a defense cannot be based simply on
any unappealing traits of the plaintif.
Do I Need a Lawyer for a Breach of Promise to
Marry?

Not all states allow a lawsuit to be brought for a

breach of promise to marry. If you have recently
broken of a marriage, you may wish to consult with
a family law attorney. Your attorney can determine
whether your state has a heart balm statute, and
whether you might be entitled to recover for losses
sustained from the breach.