Conditions In Restraint of Marriage
Conditions In Restraint of Marriage
Conditions In Restraint of Marriage
Public policy throughout history and in varying situations has always favored marriage. As far back as in the RomanLaw, all conditions in WILLS restraining marriage were held to be contrary to public policy and void, whether or not there was a gift-over and regardless of how the condition was worded, and there were conflicts in the early English cases. This is another area where your lawyer must examine the law of your own particular state or jurisdiction. Today, a general restraint on marriage is void, although a restriction against marrying a particular person is usually valid. Between the two extremes of the general restraint or restriction on marriage which is void, and the prohibition against marrying a particular person which is valid, the cases must be judged on their own particular facts. While you may attach a condition to a devise or bequest to your wife or husband permitting him or her to hold property only as long as he or she remains unmarried, even this restriction is subject to your spouse's elective share, and the right of election may be exercised if the forfeiture attempts to take away any part of the minimum share of the estate of the deceased spouse.
Learn More About Life Estate Planning Today!
If the purpose of the provision is not to restrain marriage but to limit the amount of the gift, the provision is usually held valid and a clause giving a fixed sum each year as long as the recipient remains unmarried is not a condition against marriage, and is valid. Limited restraints on marriage are not contrary to public policy and you may validly impose on a legatee a provision that he or she marry within a specified religious faith or only arriving at a particular age (as long as the age is reasonable and this will be determined from the facts of each case), or, if before attaining a certain age, only with the consent of a named person.
The named person, however, must not be one who may be in a position to profit by withholding consent. Hostility or enmity toward a certain family may be the subject of a valid restriction, and a clause in the WILL pro viding that any legacy shall be forfeited if the legatee shall marry any member of the "Beelzebub" family has been held to be valid. A proper clause, containing a limitation upon and not a restraint against marriage, would be one providing for a bequest to a son as long as he shall not be married to a person not born into or not an adherent to a particular faith. This is another area where laws vary from state to state and your lawyer will tell you just what you may and may not do. Las Vegas Plumbers Recommend Preventative Maintenance For Sewer Systems Experience Thousands Of Years Of Culture With Greek Island Holidays What To Tell Your Web Designer Hcg Is A Sure Shot Weight Loss Cure Information On The Benefits Of Breast Feeding Make Your Date Memorable By Using These Fun Dating Tips Titleist MB 710 Irons' Review Cash Advance Payday Is Coming: What About Where You Live? The Family Investment Center Helps The Investor, Not The Firms What Men Want Girls Knew Web Design Structure And An Importance Of Seo Shopping For Your Perfect Wedding Ring In Toronto Save A Marriage - What To Do Now?