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Forfeiture of Marriage: A Historical Overview of Its Legal Meaning
Definition & Meaning
The term "forfeiture of marriage" refers to a historical penalty that applied to individuals, particularly wards in chivalry, who married without the consent of their guardian. This practice arose from the guardian's interest in controlling the marriage prospects of their wards, often leading to financial penalties for those who chose to marry contrary to their guardian's wishes. Over time, it became customary for guardians to sell the marriage rights of their wards, regardless of gender. If a male ward rejected an equal match proposed by their guardian and subsequently entered into a marriage without permission, they could incur a forfeiture of marriage, which might require them to pay double the assessed value of the marriage. This concept is now considered obsolete and has no current legal significance.
Table of content
Legal Use & context
Forfeiture of marriage is primarily a historical legal concept and is not actively used in modern legal practice. However, it originated in the context of family law and guardianship, particularly during the medieval period. While the term itself is obsolete, understanding its implications can provide insight into historical guardianship laws and their evolution. Users interested in related legal matters may find relevant forms and resources through platforms like US Legal Forms, which offer templates for family law issues.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A male ward, aged eighteen, declines a marriage proposal from a suitable match arranged by his guardian. He then marries a partner without seeking permission. As a result, he may face a forfeiture of marriage, potentially incurring a penalty that requires him to pay double the assessed value of the marriage.
Comparison with related terms
Term
Definition
Key Differences
Forfeiture of Marriage
Historical penalty for marrying without guardian consent.
Obsolete and not used in modern law.
Marriage Consent
Legal requirement for both parties to agree to a marriage.
Still relevant in modern marriage laws.
Common misunderstandings
What to do if this term applies to you
Since forfeiture of marriage is an obsolete concept, it is unlikely to apply to current legal situations. However, if you are facing issues related to guardianship or marriage consent, consider consulting a legal professional. You can also explore US Legal Forms for relevant legal templates that may assist you in navigating family law matters.
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