The Legal Implications of a Breach of Promise to Marry in Nigeria

Marriage is a sacred and legal institution that involves a voluntary and lifelong union of one man and one woman to the exclusion of others. However, before a marriage can take place, there is usually a period of courtship and engagement, where the parties express their intention and commitment to marry each other. This is known as a promise to marry, and it is considered as a binding legal contract in Nigeria.

However, what happens when one party breaks the promise to marry and leaves the other party heartbroken and humiliated? Can the jilted party sue the other party for breach of promise to marry? What are the benefits of doing so? What are the challenges and risks involved? How can one avoid a breach of promise to marry in the first place?

In this article, we will answer these questions and more, as we explore the legal aspects of breach of promise to marry in Nigeria. We will also provide some practical tips and advice for people who are planning to get married or have been jilted by their partners.

Introduction

A promise to marry is not the same as a mere romantic relationship. A promise to marry is a formal and serious agreement between two parties who intend to enter into a marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or under Customary Law. A mere romantic relationship, on the other hand, is a casual and informal affair that does not involve any legal obligation or commitment to marry.

A promise to marry can be expressed verbally or in writing, or it can be implied by the conduct of the parties, such as exchanging rings, introducing each other to family and friends, planning a wedding, buying a house, etc. However, a promise to marry must be clear and unequivocal, and it must not be based on vague or uncertain terms, such as “maybe”, “someday”, “if”, etc.

Most importantly, the parties must be single and are clear on their intentions to marry each other. In other words, both parties must have mutually agreed to marry each other.

Breaking a promise to marry is a serious matter that can have legal consequences in Nigeria. The party who breaks the promise to marry can be sued by the other party for breach of promise to marry, which is a civil claim for damages. The party who sues for breach of promise to marry can seek compensation for the loss and injury suffered as a result of the breach, such as emotional distress, loss of reputation, loss of opportunity, loss of income, money expended towards the marriage preparations, money spent on engagement, rings, gifts to the other party in view of an eventual marriage, etc.

Suing for breach of promise to marry in Nigeria (just like elsewhere) can have several benefits for the jilted party, such as:

• Getting justice and vindication for the wrong done by the other party
• Getting closure and healing from the emotional trauma caused by the breach.
• Getting financial compensation for the expenses incurred and the losses suffered due to the breach.
• Getting deterrent and preventive effect for the other party and others who may want to break their promises to marry.

However, suing for breach of promise to marry can also have some challenges and risks, such as:

• Having to prove the existence and the breach of the promise to marry, which can be difficult and complex as there must be material evidence to prove that there was a promise broken.
• Having to face the defences and counterclaims of the other party, who may deny or justify the breach.
• Having to deal with the legal costs and fees involved in pursuing the claim, which can be expensive and time-consuming.
• Having to deal with the social stigma and public scrutiny associated with the claim, which can be embarrassing and stressful.

Therefore, suing for breach of promise to marry is not a decision that should be taken lightly or hastily. It is advisable to consult a lawyer and weigh the pros and cons of the claim before taking any legal action. Click here to chat with a lawyer.

How to Prove a Breach of Promise to Marry in Nigeria

In order to succeed in an action for breach of promise to marry, the jilted party has to prove two elements:

• 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 party.
• The party reneging has really, and as a matter of fact, failed or refused to keep to the promise of marriage.

The burden of proof lies on the jilted party, who must provide clear and convincing evidence to support the claim. The evidence can be direct or circumstantial, oral, or documentary, and it can include:

• The words or writings of the parties that express or imply the promise to marry, such as letters, emails, text messages, cards, etc.
• The actions or conduct of the parties that demonstrate or confirm the promise to marry, such as exchanging rings, introducing each other to family and friends, planning a wedding, buying a house, etc.
• The testimony of witnesses who can corroborate or verify the promise to marry, such as relatives, friends, colleagues, etc.
• The expert opinion of professionals who can assess or evaluate the promise to marry, such as lawyers, psychologists, counsellors, etc.

The party who breaks the promise to marry can also present evidence to challenge or refute the claim, such as:

• The lack or insufficiency of evidence to prove the existence or the breach of the promise to marry, such as contradictory or unreliable evidence, absence, or destruction of evidence, etc.
• The existence of a valid and lawful reason or excuse for breaking the promise to marry, such as fraud, duress, mistake, incapacity, illegality, impossibility, etc.
• The existence of a prior or subsequent agreement or waiver that modifies or terminates the promise to marry, such as a prenuptial or postnuptial agreement, a mutual or unilateral release, etc.
• The existence of a contributory or comparative fault or negligence on the part of the jilted party that causes or contributes to the breach of the promise to marry, such as breach of trust, infidelity, violence, etc.

The court will consider all the evidence presented by both parties and decide whether the claim for breach of promise to marry is established or not. The court will also determine the amount of damages to be awarded to the jilted party, if any.

How to Sue for a Breach of Promise to Marry

If the jilted party decides to sue for breach of promise to marry, the following steps are involved in filing a civil claim:

• The jilted party must consult a lawyer and obtain legal advice on the merits and demerits of the claim, the evidence and witnesses required, the remedies and damages available, the costs and fees involved, etc.
• The jilted party must instruct the lawyer to draft and file a statement of claim in the appropriate court, stating the facts and circumstances of the case, the legal basis and grounds of the claim, the relief and damages sought, etc.
• The jilted party must serve the statement of claim on the other party, who will become the defendant in the case, and give them a reasonable time (as stipulated in the court rules) to respond to the claim.
• The other party must file and serve a statement of defence, stating their response and counterclaim, if any, to the claim, admitting or denying the allegations, raising any defences or objections, etc.
• The parties must exchange and disclose all the relevant documents and evidence that they intend to rely on or use in the case, such as letters, emails, text messages, cards, rings, receipts, etc.
• The parties must attend a pre-trial conference, where the judge will try to facilitate a settlement or narrow down the issues in dispute, and give directions and orders for the trial, such as the date, time, venue, witnesses, etc.
• The parties must attend the trial, where they will present their evidence and arguments, examine, and cross-examine their witnesses, and submit their final addresses to the court.
• The court will deliver its judgment, where it will decide whether the claim for breach of promise to marry is proved or not, and whether the jilted party is entitled to any relief or damages or not.

The remedies that can be awarded by the court for breach of promise to marry in Nigeria include:

• Compensatory Damages: This is the most common form of remedy. It is intended to compensate the jilted party for the actual loss and injury suffered as a result of the breach. The amount of compensatory damages is determined by the court based on the evidence presented, such as the expenses incurred in preparation for the marriage, the emotional distress caused by the breach, the loss of reputation and social standing, the loss of opportunity to marry someone else, etc.
• Punitive Damages: This is a form of remedy that is intended to punish the party who broke the promise and deter others from doing the same. The amount of punitive damages is determined by the court based on the egregiousness of the breach, the malice or bad faith of the party, the need for deterrence, etc. However, punitive damages are rarely awarded in cases of breach of promise to marry, as they are considered as an exceptional remedy.
• Specific Performance: This is a form of remedy that is intended to enforce the promise to marry by ordering the party to fulfill the promise. However, specific performance is rarely granted in cases of breach of promise to marry, as it is considered as an impractical and inappropriate remedy. The court cannot force someone to marry against their will, as it would violate their right to personal liberty and freedom of choice.
• Injunction: This is a form of remedy that is intended to prevent the party from breaking the promise to marry by restraining them from marrying someone else. However, an injunction is rarely granted in cases of breach of promise to marry, as it is considered as an intrusive and coercive remedy. The court cannot interfere in the personal relationships and marital decisions of the parties, as it would infringe their right to privacy and family life.

How to Avoid a Breach of Promise to Marry

To avoid a breach of promise to marry, the following best practices can be followed:

• Be Clear and Honest: Before making or accepting a promise to marry, be clear and honest about your intentions and expectations. Do not make a promise that you cannot or do not intend to keep. Do not accept a promise that you do not believe or trust.
• Communicate and Negotiate: During the courtship and engagement period, communicate and negotiate with your partner about the terms and conditions of the promise to marry. Discuss and agree on the timeline, budget, venue, guest list, dress code, etc. of the wedding. Resolve any disagreements or misunderstandings amicably and fairly.
• Document and Witness: To prove the existence and the terms of the promise to marry, document it in writing and have it witnessed by reliable and impartial witnesses. Keep a record of the events and transactions related to the promise to marry, such as the proposal, the acceptance, the ring, the gifts, the parties, the announcements, the preparations, etc.
• Insure and Secure: To protect yourself against the risk and the cost of a breach of promise to marry, insure it with a suitable insurance policy and secure it with a suitable security deposit or guarantee. Check the coverage and the exclusions of the insurance policy, and the terms and the conditions of the security deposit or guarantee. I am not so sure if any insurance company offers such insurance policies in Nigeria.
• Review and Update: As the courtship and engagement period progresses, review and update the promise to marry regularly and promptly. Adapt and adjust it to the changes and developments in your relationship, your circumstances, your plans, your feelings, etc.

Conclusion

In conclusion, a breach of promise to marry is a serious legal issue that can have significant consequences for both parties involved. It is important to understand the legal implications of making and breaking a promise to marry, and to take appropriate steps to protect your rights and interests. If you are planning to get married, or if you have been jilted by your partner, it is advisable to consult a lawyer and seek legal advice. Click here to chat with our lawyers

We don’t just write to teach you Nigerian law in a simple way, we are your best family law lawyers in Nigeria. Feel free to reach our firm on, 08030881289.

FAQs

1. What is a promise to marry? A promise to marry is a formal and serious agreement between two parties who intend to enter into a marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or under Customary Law.
2. What happens when one party breaks the promise to marry? The party who breaks the promise to marry can be sued by the other party for breach of promise to marry, which is a civil claim for damages.
3. What are the benefits of suing for breach of promise to marry? The benefits of suing for breach of promise to marry include getting justice and vindication, getting closure and healing, getting financial compensation, and getting deterrent and preventive effect.
4. What are the challenges and risks of suing for breach of promise to marry? The challenges and risks of suing for breach of promise to marry in Nigeria include having to prove the claim, having to face the defences, having to deal with the costs and fees, and having to deal with the social stigma and public scrutiny.
5. How can one avoid a breach of promise to marry? To avoid a breach of promise to marry, one can follow the best practices such as being clear and honest, communicating and negotiating, documenting, and witnessing, insuring, and securing, and reviewing and updating the promise to marry.