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Can I pursue a breach of contract promise to marry in State of Iowa or South Dakota?

Can I pursue a breach of contract promise to marry in State of Iowa or South Dakota?

Q: Can you sue for breach of promise to marry?

In Iowa, you can sue for breach of promise to marry, as the state recognizes such claims. However, South Dakota does not allow for this type of lawsuit. Instead, both states permit the recovery of conditional gifts that must be returned if the marriage does not take place.

Q: What makes a marriage contract invalid?

A marriage contract may be invalid if one party did not have the legal capacity to consent, if there was fraud, or if the marriage violates state laws, such as age or relationship restrictions. In Iowa and South Dakota, these factors can lead to a contract being declared invalid.

Q: What evidence is needed for a breach of contract?

To prove a breach of contract for a promise to marry, you typically need evidence of the promise, any related agreements, and proof that the other party failed to fulfill their obligations. This may include written communications, witness testimonies, or documentation of expenses incurred for wedding preparations.

Q: What are three circumstances in which a marriage will be deemed to be void?

A marriage may be deemed void if: 1) one party was already married (bigamy), 2) either party lacked the mental capacity to consent at the time of marriage, or 3) the parties are closely related (incest). These circumstances apply in both Iowa and South Dakota.

Full question:

Can I pursue a breach of contract promise to marry in state of Iowa or South Dakota?

Category: Marriage
Subcategory: Breach of Promise to Marry
Date: 04/07/2025
State: Iowa

Answer:

Iowa does but South Dakota does not. However, note that there is a difference in breach of contract to marry and the requirement that conditional gifts be returned. This can be pursued in both Iowa and South Dakota. Fanning v. Iversen, 535 N.W.2d 770 (1995) (South Dakota).

In States that recognize an action for breach of contract to marry the action may be to recover on contract for money spent on preparing for the wedding or in tort for mental distress and other damages depending on the State.

See also:
https://heartbalmlaws.uslegal.com/breach-of-promise-to-marry/
https://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/ContractsMarraige/Suits.asp

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What voids a marriage contract?

A marriage contract can be voided for several reasons, including lack of consent, mental incapacity, or if one party is already married (bigamy). Additionally, if the marriage violates state laws, such as age restrictions or close familial relationships, it may be deemed void. In Iowa and South Dakota, these factors can invalidate a marriage, making it legally unenforceable.

Can you sue for breach of promise to marry?

What makes a marriage contract invalid?

What is a deceitful promise to marry?

A deceitful promise to marry occurs when one party intentionally misleads the other about their intentions or circumstances related to the marriage. This can include false statements about one’s ability to marry or existing relationships. Such deceit may provide grounds for legal action in states that recognize breach of promise claims.