Broken Promises: Can You Sue for Breach of a Marriage Contract?
Many people get cold feet in the period between their engagement and their wedding day. If your fiancé calls off the wedding, do you have a legal right to sue? Once upon a time, the answer would be “yes,” but Florida has changed its law. Today, you cannot sue for a broken promise to marry. Either side is free to call off a wedding if they suddenly have second thoughts. But you might keep any property or assets given to you before the marriage, including an expensive engagement ring. Call Hamilton O’Neill today to speak with an attorney at our firm. Below, we look at the current state of Florida law regarding gifts given in anticipation of marriage.
Florida Courts Do Not Recognize Broken Promises to Marry
According to Florida Statutes § 771.01, the state has abolished various causes of action:
- Breach of a contract to marry
- Alienation of affections
- Criminal conversation
- Seduction
In fact, it is unlawful to file a lawsuit based on one of those causes of action. An attorney could even face discipline for filing a breach of the contract to marry lawsuit.
This might seem unfair. After all, many people immediately upend their lives in anticipation of marriage. You might have left your home country, moved to Florida, or given up a career, all because of a promise to marry. Still, the state will not allow you to sue for damages over a breach of the promise to walk down the aisle.
If your fiancé made gifts, however, then you might be able to keep them, even if the wedding falls through. For example, your fiancé could have bought a vehicle, paid for schooling, or given you an expensive birthday present, which are viewed as gifts not tied to the promise to marry.
One question typically arises over engagement rings. The general rule in Florida is that the engagement ring is a conditional gift. The condition is that you actually get married; so, if the wedding is called off, then you might need to return the ring.
However, it matters who calls off the wedding and why. If you call off the wedding, or if the decision is mutual, then you usually return the engagement ring. However, if your fiancé calls off the wedding for no good reason, then you can keep the ring. This rule came from the Florida case Gill v. Shively in 1975.
You might also be able to keep other gifts given to you. Your fiancée could have given you expensive gifts on your birthday or Valentine’s Day. There might be a dispute about whether a gift is conditional on marriage or was simply given to you outright.
Contact Hamilton O’Neill to Discuss Your Case
Florida family law changes regularly, and individuals should work with a law firm that stays on top of all recent court decisions. Contact our law firm to speak with a Miami family law attorney about any issue involving marriage, divorce, or paternity. Our consultations are private and without any risk to you.
Sources:
flsenate.gov/Laws/Statutes/2012/Chapter771/All
scholar.google.com/scholar_case?case=4901651025511949561&q=gill+v+shively&hl=en&as_sdt=4,10