Romance is in the air and you are considering taking your relationship to the next level. Popping the question is exciting, but it is essential to obtain legal advice to ensure you are protected and prepared when getting engaged.
An Engagement is a Legally Binding Agreement.
Romance aside, from a legal point of view, an engagement is a legal agreement. It is an agreement between two people who have a serious intent to create a legal commitment and get married at some time. If an engagement is broken off it can have consequences in the eyes of the law.
Not Everyone can Legally get Engaged.
Anyone who wants to get engaged must have the ability to fully understand the nature and consequences of an engagement. For example, a person under the influence of drugs or alcohol may not be able to understand what they agree to and they cannot legally get engaged.
Both partners must be at least 18 years old to get engaged. Only minors who has been emancipated or whose parents permit them can get engaged. Minors must also get approval from the Minister of Home Affairs to get married.
What happens when the relationship breaks down?
When things go south and the romance have faded for some reason, you do not have to get married. Although an engagement is seen as a contract, the vow to marry cannot be enforced on anyone. Nobody can be forced to get married.
If a partner breaks off the engagement without a legitimate reason, the heartbroken partner can possibly claim damages for breach of contract. The claim will be limited to the actual expenses for planning and preparing for the wedding.
The engagement ring is a symbol of the commitment to get married. In the event of the engagement being called off, the ring must be returned to whomever bought it. However, if the partner who brought the ring, calls off the engagement without a legitimate reason, the receiver may keep the ring.