A Contract for Which the Consideration Is Marriage

A writing is required for agreements in which marriage is the consideration for a promise to pay money or to give valuable consideration to the offeree or to some third party if the offeree marries as requested. It is sometimes made by a parent of the woman or man contemplating marriage. It does not refer to mutual promises of persons to marry.

In some US states, mutual promises to marry are enforceable. But the trend is to ban such suits for damages. Generally, however, if the man breaches his promise to marry, the woman may keep the engagement ring. If the woman breaches, the ring must be returned. Ordinary gifts from one another need not be returned.