What Is Agreement in Restraint of Marriage

Agreement in restraint of marriage is a legal term that refers to a contract or agreement between two parties that prohibits one or both parties from getting married. Such agreements are typically deemed unenforceable because marriage is considered a fundamental right and cannot be restricted by a private contract.

In the United States, agreements in restraint of marriage are deemed void under the public policy doctrine. This doctrine is based on the belief that certain rights and freedoms, such as the right to marry, are so fundamental that they cannot be waived or restricted by private parties.

Agreements in restraint of marriage can take many forms, including prenuptial agreements, employment contracts, and even debt agreements. In the case of prenuptial agreements, a couple may attempt to include a provision that restricts one or both parties from getting remarried in the event of a divorce. Similarly, an employer may include a clause in an employment contract that prohibits an employee from getting married while working for the company.

In addition to being unenforceable, agreements in restraint of marriage are also generally considered to be against public policy. This is because they can be seen as an attempt to limit individual freedom and control personal decisions. Moreover, such agreements can be used to perpetuate inequality and discrimination, particularly against women.

Despite the legal and ethical issues surrounding agreements in restraint of marriage, they continue to be used in some cases. For example, some religious organizations may require their members to sign an agreement that restricts them from getting married to a non-member. However, even in such cases, the enforceability of such agreements may be questionable.

In conclusion, an agreement in restraint of marriage is a contract or agreement that prohibits one or both parties from getting married. Such agreements are generally unenforceable and against public policy in the United States. While they may be used in some cases, it is important to recognize the potential harm and discrimination that can result from such agreements.