Few things hurt more than being promised marriage and then being left behind. For a long time, the law has helped people deal with the pain and the financial loss of a broken promise to marry because marriage is a serious commitment.
In the past and even today, breaking an engagement was and is still a big deal, especially for women who have invested their time, feelings, and money into the relationship. The law makes sure people take responsibility for leading someone on and then walking away.
This article explains what counts as breaking the promise, how it affects people, and what the law can do to help.
What Happens When Someone Breaks a Promise to Marry?
Breaking a promise to marry happens when someone promises to marry another person but later backs out, often causing heartbreak, financial loss, or other problems.
To make a legal claim, two key things must be proven: there was a clear promise to get married and that promise was broken. If you can prove these two, then the law could be on your side.
Let us break this down further;
- The Promise
In cases of broken marriage promises, the law treats the promise as a deal between two consenting adults: the one making the promise (the promisor) and the one accepting it (the promisee). To make a strong case, there needs to be proof that both sides indeed agreed to the promise.
A clear verbal promise is enough proof, but actions can be just as strong. For example, behaving as a couple in public or helping pay for each other’s education can show there was an unspoken promise. These actions say, “We’re serious about this commitment”.
- Breaking the Promise
A break happens when one person changes their mind, like marrying someone else, saying no directly, or acting like they’re not interested anymore. If this is proven, the other person can ask for compensation.
Even so, the person who broke the promise might not be held responsible if they have strong reasons for their decision. These reasons, called defences, can include the following:
- Illegality: If the marriage is against the law, the person who broke the promise can’t be held responsible. This includes cases where the marriage would be forbidden because of family relationships.
- Prior Marriage: If the person suing knew the other person was already married, or if both were already married, the promise doesn’t count. This applies even if the promise was based on the idea that the other person’s spouse would die or they would get a divorce.
- Other Defences: These reasons include immorality, one party being physically or mentally sick, or both parties agreeing to settle the damages.
It’s important to know that for a mental or physical illness to be a valid reason to break the promise, it must be serious, like something that could threaten life or spread to others. Also, just not liking the other person’s family or their family’s disapproval isn’t enough to break the promise.
Damages: Money for the Person Hurt by the Broken Promise
When someone breaks a promise to marry, the person who was hurt (the plaintiff) may get money as compensation. This money is called “damages” and falls into three types: compensatory, aggravated, and punitive. The judge decides how much money should be given based on things like how the person who broke the promise (the defendant) acted before, during, and after the breakup, or how they behaved in court.
- Compensatory damages aim to make up for the things the plaintiff lost, like emotional distress, embarrassment, money spent preparing for the wedding, or lost job opportunities because they were planning to marry. The goal is to put the plaintiff back in the situation they would have been in if the marriage had happened.
- Aggravated damages are given when the defendant’s behaviour makes the situation worse, like spreading false rumours about the plaintiff. If the defendant did something extra hurtful before or during the breakup, the court might add more damages.
- Punitive damages are rare but can be given if the defendant acted with bad intentions, like lying or trying to hurt the plaintiff on purpose. These damages are meant to punish the defendant and show others that such behaviour won’t be tolerated.
The court carefully considers what the defendant did and their reasons for breaking the promise to make sure the person who was hurt gets fair compensation.
Breaking a promise to marry causes real emotional and financial pain. Marriage often brings stability and social respect, and losing that can be a huge blow. The law offers protection and a way to seek justice for those hurt by broken promises, showing how serious these commitments truly are.
Alhassan Aboagye on behalf of OSD and Partners. [email protected]
