Also known as: marriage provisions
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule rendering a contract made upon consideration of marriage unenforceable unless evidenced by a signed writing. The rule targets promises in which marriage itself supplies the bargained-for exchange and serves both evidentiary and cautionary functions.
Logan, CEO of Titan Media, orally promised Ava a five-year production deal and revenue share if she married his son Mark. Ava married Mark in reliance on the promise. Titan later refused to sign any agreement. Because the promise expressly conditioned the economic benefit on Ava entering the marriage, the agreement falls within the marriage provision and requires a signed writing to be enforceable.
A church entered an oral agreement promising benefits to its pastor's spouse. After the pastor's death the spouse sought enforcement, arguing her role and the restraint-of-marriage clause supplied consideration. The court examined whether the arrangement constituted a contract made upon consideration of marriage and concluded that the absence of a signed writing barred enforcement under the statute.
Select any source to read its text and confirm it supports the definition.
No. The act of marrying is the very consideration that triggers the statute, so completing the marriage does not satisfy the writing requirement or create an exception.
No. The rule reaches any contract in which marriage serves as the consideration, including promises made by third parties such as parents or employers who condition a benefit on the marriage occurring.
The decisive factor is whether marriage itself is the bargained-for consideration. When the promisor expressly conditions the benefit on the marriage occurring, the statute applies even if the benefit is a production deal or ownership interest.