Promise of marriage to a married person | ScriptaLegal
Personal Law Business Law Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Marriage > Promise of marriage to a married person

Promise of marriage to a married person

The marriage promise made to a married person or by a married person, even if they are about to get a divorce, is against public policy and cannot serve as the basis for a claim for damages.

«Promises are the traps where fools are caught»
Baltasar Cracion

One must always be cautious in the promises we make to others. Thus, a mechanic, after selling a car to a customer, finds herself being sued for breach of promise. She claims that the mechanic promised to marry her as soon as they both obtained their respective divorces. She even declares that he went as far as asking her finger size to buy her a ring.

Asserting that the mechanic refuses to honor this promise, the customer turns to the Court and sues him for damages amounting to $300,000. She alleges that he drugged and sexually abused her, while also claiming that he is a pimp and has slept with over 200 women. She also accuses him of illegally obtaining access to her medical file and learning that she had previously been treated for psychiatric problems.

The mechanic denies the customer's allegations and affirms that the only relationship he has ever had with this woman is strictly business, as he sold her two cars.

The Court concludes that "the promise of marriage made to a married person or by a married person, even if they are about to obtain a divorce, is contrary to public policy and cannot be the basis for a claim for damages" and that the claim is frivolous, after $14,000 in legal fees and how many months of?..

The new year often presents an opportunity to make resolutions or promises. While we are the sole judges of our resolutions, perhaps when it comes to our promises, it would be wise to think carefully before making them.

*C.S. 550-05-012030-022

François Forget, notary and legal advisor as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
The construction of a residence causes neighborhood disturbances
Me François Forget - April 6, 2016
Neighborhood disputes, such as fence disputes in rural areas or view rights in urban areas, have and will always...
Who owns the copyright?
Me François Forget - August 22, 2004
The law protects the expression of ideas and not the idea itself.
Sex change, can a mother become a father to her children?
Me François Forget - October 29, 2006
Following a sex change operation, can a mother, according to the civil registry, become the father of her children?

This browser does not support this kind of file. Please download the file to view it: Download the file