Legal Definitions - restraint of marriage

Restraint of marriage is a condition that can be included in a gift or bequest. This condition nullifies the grant if the person who receives it gets married or remarried. However, restraints of marriage are usually not allowed if they are too broad or unlimited in scope.

For example, if a wealthy uncle leaves his estate to his niece but includes a restraint of marriage in the will, stating that if she gets married, she will lose the inheritance. This is an example of a restraint of marriage.

Another example is if a couple buys a house together, and they include a restraint of marriage in the contract. If one of them gets married, they will lose their share of the property. This is also an example of a restraint of marriage.

These examples illustrate how a restraint of marriage can be used to limit a person's ability to get married or remarried. However, it is important to note that these restraints are usually not allowed if they are too broad or unfair.