Breach of promise of marriage

Definition and stakes

Portrait of Ernest Belfort Bax Ernest Belfort Bax The Legal Subjection of Men — MATRIMONIAL PRIVILEGES OF WOMEN (1908)

The law of George III., punishing by damages—usually vindictive damages—violation of breach of promise of marriage. The women's privilege to commit perjury plays a great part in this process. A woman swears a man promised to marry her. Judge and jury hold this statement false, and mark the result. No one suggests that she should be indicted for perjury.
Source: Wikisource

Portrait of Gilbert Keith Chesterton Gilbert Keith Chesterton The Superstition of Divorce — The Superstition of Divorce… (1920)

Ought a man to break a promise? Ought a man to make a promise? These are philosophic questions; but the philosophic peculiarity of divorce and re-marriage, as compared with free love and no marriage, is that a man breaks and makes a promise at the same moment. It is a highly German philosophy; and recalls the way in which the enemy wishes to celebrate his successful destruction of all treaties by signing some more. If I were breaking a promise, I would do it without promises. But I am very far from minimising the momentous and disputable nature of the vow itself.
Source: Wikisource

Portrait of Karl Heinzen Karl Heinzen The Rights of Women and the Sexual Relations (1898)

If there is to be a breach of marriage, the breach must necessarily extend through that which constitutes marriage, which is its essence, its condition, its sum and substance. Marriage is not a business contract, it is a union of hearts: and love is the condition of this union. A breach of marriage must, therefore, be a breach of love; but love does not break itself; its breaking is, therefore, equivalent to a want of love; and since marriage without love is no longer marriage, so-called adultery can be nothing more than an actual proof that marriage no longer exists.
Source: Wikisource

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