Also known as:spousal · espousals · betrothal · marriage contract
Written by attorneys · grounded in primary & secondary sources — see below
Mutual promises to marry that historically created binding obligations between prospective spouses.
Sources & Authorities· 11 primary sources
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Cases
Uniform Acts
How it applies
Common Examples
6
Confidential Spousals Communications
Simone Sanders and Seth Shapiro exchanged mutual promises to marry during a private conversation in their home. Those spousals immediately created binding obligations under the law of the time. Years later the promises were treated as enforceable spousals that could not be unilaterally revoked.
Continuing Jurisdiction Over Spousals Support
Santiago Sanchez and Selena Singh exchanged spousals that created a support obligation recognized by a State A tribunal. When Selena later sought modification after moving to State B, the original spousals remained the foundation of the order. The State A court retained continuing exclusive jurisdiction for the duration of the obligation arising from those spousals.
Sebastian Santos and Stephen Shaw entered spousals that included a written agreement eliminating future support. Upon dissolution the court treated the agreement as enforceable because it arose directly from the original spousals. The modification clause was upheld as part of those binding promises to marry.
Public Assistance After Spousals Waiver
Sapphire Technologies executive Sierra Solutions and her fiancé signed spousals that eliminated future support. When the waiver left one party eligible for public assistance at dissolution, the court required the other party to provide support. The obligation was traced back to the original spousals.
Spousals and Testimonial Privilege
Sterling Manufacturing officer Santiago Sanchez and his intended spouse exchanged spousals before marrying. In a later criminal proceeding the court examined whether matters arising from those spousals could be protected. The promises were recognized as the historical foundation of later marital privileges.
Witness Control of Spousals Testimony
Selena Singh and Sebastian Santos formed spousals that preceded their marriage. In federal court the witness spouse alone decided whether to testify about events connected to the spousals. The defendant spouse could not prevent voluntary testimony except as to confidential communications made during those promises to marry.
Common questions
Frequently Asked
1
What does the term spousals historically refer to in family law?+
Spousals refer to mutual promises to marry that historically created binding obligations between prospective spouses.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…The Court of Appeals adopted the District Court’s factual findings and legal analysis, with one exception. It ruled that the spousal notification provision was not an undue burden on a woman’s right to abortion and was therefore constitutional. Held: The judgment in No. 91–902 is affirmed. The judgment in No. 91–744…