The Legal Implication of Breach of Agreement or Promise of Marriage

A Promise to Marry is an agreement. It is a legally binding contract among parties. It may be written, oral or  even inferred from conducts of parties. Where any party breaches a promise to marry, such party can be sued for damages. Damages for loss of other suitors, money spent on love, wasted years, psychological and emotional trauma, etc. 

See, Martins v. Adenugba(1946) 18 NLR 63 where it was decided thus:

“Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove to the satisfaction of the court that there was in fact a promise of marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or under Customary Law, on the part of the other sex. Second, the party reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage.Marriage is regarded as a very sacred institution both in our jurisprudence and in our sociology. Accordingly an agreement to enter into a marriage should leave nobody in doubt as to the real intention of the parties to enter into a marriage. A mere convivial or romantic relationship without more is not enough for a court to found an agreement to marry.”Per Tobi, JSC.(Pp. 21-22, paras. G-D)

Author: Debbywise