An Agreement in Restraint of Marriage: What it Means and Why it`s Not Allowed

When two people get married, they typically do so with the intention of spending the rest of their lives together. However, there are situations where one or both parties may want to include provisions in their marriage agreement that restrict their ability to get married again in the future. This type of agreement is known as an “agreement in restraint of marriage.”

What is an Agreement in Restraint of Marriage?

An agreement in restraint of marriage is a type of contract that restricts a person`s ability to get married again in the future. These agreements are typically included as a provision in prenuptial agreements or other marriage contracts and may include language that prevents one or both parties from remarrying in the event of a divorce or separation.

Why are These Agreements Not Allowed?

Agreements in restraint of marriage are generally not allowed because they are seen as a violation of public policy. Courts have held that the ability to marry and remarry is a fundamental right that cannot be restricted by a private agreement.

Additionally, these agreements can be seen as coercive and may be used to control one or both parties in the marriage. For example, if a prenuptial agreement includes a provision that prevents one party from remarrying in the future without the consent of the other party, this can be seen as a way to control and manipulate the other person.

What Should You Do Instead?

If you are getting married and want to protect yourself and your assets, there are other options available that do not involve an agreement in restraint of marriage. For example, you can create a prenuptial agreement that outlines how assets will be divided in the event of a divorce or separation. This type of agreement can be a useful tool for protecting your financial interests while also respecting your partner`s right to marry and remarry if they choose.

In conclusion, agreements in restraint of marriage are not allowed because they violate public policy and can be seen as coercive. If you are getting married and want to protect yourself and your assets, there are other options available, such as creating a prenuptial agreement. Remember, the goal of any marriage agreement should be to protect both parties` interests while also respecting their fundamental rights.