Popping the Question?: Breach of Promise to Marry and Prenuptial Contracts

Did you know that you may be sued in North Carolina for failing to follow through on a promise to get married?  It is true.  North Carolina has recognized the common law tort of Breach of Promise to Marry for a long time.  This is not a good reason to not pop the question if you love someone.  But  you may consider whether a prenuptial contract would be right for your situation.

The cause of action of breach of promise to marry is related to the “heart balm tort” of alienation of affections.  The former is the result of a breach before marriage and the other may be brought if a third party has an affair with a plaintiff’s spouse during the marriage.  Either one of these claims may be brought by a man or woman.  The unpredictable amount of a damage award may cause a defendant to settle because a plaintiff may receive punitive damages if they prevail on either of these claims.

Breach of promise to marry has survived since the late 1800’s and is still brought by plaintiffs in North Carolina.  One need only look to the recent case of Dellinger v. Barnes (No. 08 CVS 1006), 17 December 2010.   A jury in McDowell County, North Carolina awarded the plaintiff with damages of $130,000.  The plaintiff was a young woman that was dedicated to helping her fiance to start several businesses, however, he paid her a small amount of salary.  The defendant broke his promise by starting a relationship with one of his other employees after which he broke off the engagement to the plaintiff.  The plaintiff’s counsel showed the jury that the Defendant not only broke his promise to marry, he also took advantage of her reliance in that she worked hard alongside the defendant because she believed she would share in the success of the businesses.  For more information on this case see below.

Due to the above results, one may ask whether they should enter into a prenuptial contract (aka a “prenup”).  A prenup may be helpful in the long run for certain people.  In the past, the very act of being asked to sign a prenup may have been seen as insulting and a signal that the marriage is starting on rocky ground. Now, more individuals consider a prenup as an essential planning document that simply makes good sense.  While discussing the contents of the prenup, many couples resolve difficult financial questions at a time when they are most in love.  For more information on things to be included in a prenup see www.ricefamilylaw.com.

This author sees a place for the cause of action of breach of promise to marry because the facts may be different from the 1800’s but the basic theme still occurs today.   However, discussing finances and a prenup may prevent costly litigation like in Dellinger v. Barnes or after a marriage.  Couples should have a serious conversation about finances before deciding to get married, and couples should seek the advice of a licensed attorney to draft an enforceable prenup.

For more information about Dellinger v. Barnes, read the article  in N.C. Lawyers Weekly entitled “Man must pay jilted fiancee $130k for reneging on engagement”, by Sylvia Adcock, published on January 6, 2011.