There is a concept in law called Breach of Promise to Marry. I find this concept a little controversial considering the Nigerian culture and setting. I mean, why would the court enforce a right and thereby pay compensation when you fail to marry a person you promised to marry. It beats me. I would explain this in detail, and I hope to read your opinion on this issue. Let me start by defining what marriage is.
Marriage is regarded as a every sacred institution in almost every facet of life. It is a voluntary union for life of one man and one woman to the exclusion of others. HYDE V HYDE (L.R) 1 P&D 130. I know what you are thinking. Some people are not interviewed for marrying more than one woman or for having had an affair outside of their marriage. This is probably because they are not legally married (Marriage Cases Act).
To better put this in perspective, the Matrimonial Causes Act which governs marriage in Nigeria is a law in force as a result of colonization. This means that, the institution of marriage might have been regulated by customs and traditions prominent in Nigeria if British rule didn’t take precedence. Therefore, marriage between single spouses may be foreign to some people.
The implication of the definition above is to the effect that marriage is the coming together of one man and one woman only. Going out of the auspices of this after conducting a marriage under the Act (when you sign the marriage register) makes one liable to a crime called bigamy. However, a marriage agreement or a promise of marriage can give rise to a contract between two parties. This is because all the elements of a contract are contained in a promise to enter a marriage.
These elements are offer, acceptance, consideration and intention to create legal relationships. Since an agreement to enter a marriage possesses all the ingredients of a contract, failure to uphold this agreement gives rise to a court action as long as the claimant can successfully prove on a balance probability that the other party has not respected the existing conditions of Since it has been established that an agreement or a promise to marry is a contract, a breach can also amount to a court action. It is however important to know that exchange of love and affection will not amount to elements of an agreement to marry. The fact that Mr. A has been calling Miss B and visiting her for close to two years or taking her to Shoprite to buy sausage rolls would not move the court to enforce an action in a Claimant’s favor. What then are the elements which the court will accept to enforce an action? Let’s see what the court had to say in the case of EZEANAH V ATTA (2004) 7 NWLR (PT 873) 468. The facts of this case are that Mr. Atta and Miss. Ezeanah were in love and interested in marrying each other. Based on this, Mr. Atta sponsored Miss. Ezeanah to further her education overseas, bought a land in her name, and even frequently visited her while she studied there. Miss Ezeanah later decided that she could no longer carry out her decision to marry Mr. She and Atta annulled her marriage. Sir Atta was bereaved, and he went to court. The Supreme Court then established the standard of proof vis-à-vis.
A. The abandoned party must prove that there was a promise.
This means it ought to be in writing. When there is no written evidence however, clear acts of promise will suffice.
B. There must be evidence of a breach of that promise. What acts will the court then accept as a promise or an agreement to marry? The court in USO V IKETUBOSON gave examples, and they include.
1. Follow your partner at the registry to extract the wedding warning
2. Allowing him to officially come to see his parents. A typical example would be when there is a formal introduction of the families.
3. Foregoing plans to further studies or something of great importance on the clear terms that it is on the premise of the promise.
4. Resigning from workplace to move to another state or country of the other party
5. Turning other suitors down for that man or woman for the sake of the marriage
6. Getting pregnant on the agreement of both parties. These examples stated above are not exhaustible. It is however important that the situation at hand must exhibit a breach and there must be evidence to show such breach.
Why is it important that you get familiar with this concept?
You might be married and not need it, or you think you would probably never be in such situation and so you don’t need to know how it works. Well, the truth is your actions today might sell you out tomorrow. How about if you get sued for failing to marry someone because your actions suggested you were interested in marriage.
How do you get out of such situation?
How do you help a close relation who might be in such a problem? Don’t be so worried. There are answers to all of these. Yes! There are defenses against an action for breach of promise to marry.
These defenses include:
i. Fraud. If you honestly did not give consent to such agreement.
ii. Homosexuality
iii. Genotype
iv. Venereal or communicable disease
v. Assault vi. Court Conviction
vi. Intolerable behavior, security threat, lesbianism etc.
There must be evidence to show a significant reason for pulling out of such agreement. Kindly note as well that you can seek advice from a legal expert or a trusted source before buying a land, shares, any chattel of value whatsoever (tangible or intangible) in the name of your partner or to facilitate your relationship. You might be unable to get that land, house or money which you issued in your partner’s name. It is vital to know the legal and financial implications of your actions. Don’t be so quick to invest without seeking proper advice.
In conclusion, note that if you intend to take such action against someone soon, you should know that the highest remedy you can obtain from the court is compensation. The court would not be able to compel the defendant to marry you or return you to the state you were before the breach. This is because parties would probably have grown apart or settled down with new partners. I hope you found this piece of information useful and enlightening? I would like to read your opinion on this topic. Most importantly, I hope it helps in resolving any issue you might have now.
