You look forward to the day he proposes to you, or when she finally agrees to be your wife. In the real world, how does engagement actually work, and what happens if it all goes wrong?
What are the legal requirements for an engagement?
You must be at least 18 years old to enter into an engagement. Unless certain circumstances exist or a court order has been granted, minors need the consent of both parents.
Each party must consent to the engagement voluntarily, out of his or her own free will. Consensual engagements can, however, be nullified by the following conditions:
- Is it a mistake? – Engagements will be void if you make a mistake regarding the identity of the person with whom you are getting engaged.
- Misrepresentation – In cases of misrepresentation, the innocent party would not have become engaged if they had known the truth. The engagement will be deemed invalid if the misrepresentation seriously reduces the likelihood of a happy and harmonious marriage. Irrespective of whether the misrepresentation was made innocently or fraudulently, it does not matter.
A misrepresentation can invalidate an engagement if one fails to reveal or conceal certain personal qualities, such as impotence, sterility, serious mental illness, and alcohol abuse, where such disclosure is required.
Moreover, misrepresentation can be committed not only by positive false representations but also by failure to correct existing misconceptions. Engagements can be annulled on the grounds of innocent misrepresentation, such as when a man has been coaxed into proposing to his girlfriend and believes that she is pregnant.
- Lawfulness – An engagement that occurs while you are married to someone else is invalid, as it goes against good morals. Unaware parties may file charges against the guilty party.
- Duress – Undue influence is a ground for terminating an engagement.
Terminating an engagement constitutes a breach of promise. Public policy considerations encourage our courts to recognise it as such and to act accordingly. A breach of promise may give rise to either of two distinct courses of action:
Engagements that have been terminated are a breach of promise. Courts are encouraged to recognize this and to act accordingly by public policy considerations. There are two distinct legal paths one can take in the event of a breach of promise:
It is possible that the innocent party could request sentimental damages if the repudiation was extremely rude and arrogant. The ‘guilty’ party must have intentionally breached the contract (a delictual act) when they terminated the engagement. The manner in which the engagement is ended is more important than whether the termination was justified. An innocent party cannot sue for delictual damages merely because his/her feelings were hurt, insulted, or abandoned.
You may cancel an engagement without financial consequences if there is a valid reason. In most cases, just cause refers to any situation, condition, or action by one party that injures the chances of a long and happy marriage, and would induce any right-minded person to end the relationship. From unfaithfulness to disinterest in getting married, there can be just cause.
(This article is provided for informational purposes only and not to provide legal advice. For more information on the topic, please contact our offices.)
