Divorce and Family Law

 

 

Yes, in South African common law, an engagement is considered a "contract sui generis" (a contract of its own kind). It signifies a legally recognised promise between two parties to marry each other. While it's not a contract that can force you to marry, breaking it without "just cause" can lead to legal consequences.

A breach of promise occurs when one party breaks off an engagement without a legally recognised "just cause." This means they refuse to go through with the marriage or unduly delay it, despite there being no valid reason for termination.

"Just cause" is a valid and sound reason that makes the prospect of a happy and harmonious marriage unlikely. It's a reason that would induce any reasonable person to withdraw from the engagement. Examples include:

  • Material misrepresentation (e.g., concealing a serious mental illness, impotence, or an existing marriage).
  • Serious misconduct or wrongful behaviour by one party (e.g., infidelity, abuse, or criminal activity that was previously unknown).
  • A fundamental change in circumstances that genuinely jeopardises the marriage (e.g., severe alcohol or drug addiction that develops).
  • A genuine and honest lack of desire to marry the particular person, which indicates an irretrievable breakdown of the engagement itself.
  • If an engagement is terminated for a "just cause," there are generally no legal claims for damages.

Yes, you can claim for actual financial losses (also known as "real damages" or "out-of-pocket expenses"). These are expenses directly incurred in preparation for the wedding, based on the promise of marriage. Examples include:

  • Non-refundable deposits for a wedding venue, catering, or other services.
  • Costs of wedding attire (dresses, suits) that cannot be returned or repurposed.
  • Expenses for invitations, decorations, or pre-marital counselling.

However, claims for "prospective losses" (i.e., the financial benefits you might have gained from the marriage, like a share of future income or assets) are generally no longer allowed by South African courts. The focus is on putting you back in the financial position you were in before the engagement, not the position you would have been in had the marriage occurred.

You may be able to claim for sentimental damages (known as contumelia or actio iniuriarum), which compensate for the insult, humiliation, or emotional distress caused by the breach. However, this is only if the manner in which the engagement was broken off was particularly wrongful, contemptuous, or demeaning.
Simply feeling hurt or disappointed is not enough. You would need to prove that the perpetrator's conduct was insulting and intended to injure your dignity.

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Broken Engagements 

Broken Engagements - Understanding Your Rights and Seeking Legal Recourse

Becoming engaged is a momentous step, signifying a mutual promise to marry. While filled with hope and excitement, sometimes these promises are regrettably broken. Contrary to popular belief, a broken engagement in South Africa isn't just a social misstep; it can have significant legal implications.

At VDM Attorneys, we understand the emotional distress and financial implications that can arise from a broken engagement. Our experienced team is here to guide you through the complexities of South African law, helping you understand your rights and pursue appropriate legal recourse.

What is a "Broken Engagement"?

In South African law, an engagement is considered a contract sui generis – a contract of its own kind. It's a legally binding agreement where two parties promise to marry each other within an agreed-upon or reasonable timeframe. When one party fails to honour this promise without "just cause", it constitutes a breach of promise to marry, often referred to as a "broken engagement."

What constitutes "just cause"? This refers to a sound reason that makes the prospect of a happy marriage unlikely. Examples include material misrepresentation, serious misconduct, or an intolerable character flaw that was previously unknown. If an engagement is terminated with just cause (e.g., by mutual agreement, death, or valid unilateral repudiation due to a sound reason), legal claims for damages generally do not arise.

Your Legal Recourse: Navigating Contractual and Delictual Claims

While South African courts are increasingly cautious about claims for "prospective losses" (potential future benefits from the marriage), you may still have grounds for other claims. The legal recourse available to the "wronged party" (the plaintiff) typically falls into two main categories:

1. Contractual Damages: Recovering Actual Financial Losses

When an engagement is broken without just cause, the wronged party may have a claim for actual financial losses incurred in preparation for the wedding. These are tangible expenses directly related to the anticipated marriage.

Examples of recoverable actual financial losses include:

  • Non-refundable deposits for wedding venues, caterers, or decorators.
  • Costs of wedding attire (dresses, suits) that cannot be returned or repurposed.
  • Payments made to service providers like photographers, florists, or bands.
  • Expenses for wedding invitations or stationery.
  • Important Note: The Supreme Court of Appeal has moved away from awarding claims for prospective losses (e.g., potential future financial benefits, half of the defendant's estate, or future maintenance). The focus is now firmly on quantifiable, actual losses directly flowing from the breach of the promise to marry.
2. Delictual Damages (Actio Iniuriarum): Addressing Hurt Feelings and Humiliation

Even if there are no significant financial losses, a broken engagement can cause profound emotional distress and humiliation. If the manner in which the engagement was terminated was wrongful, injurious, or contemptuous (e.g., extremely rude, arrogant, or publicly demeaning), the wronged party may have a claim for sentimental damages (known as contumelia).

For a successful delictual claim, you must prove:

  • That the conduct of the defendant was wrongful and intentional.
  • That the manner of termination caused an insult, indignity, or hurt to your feelings.
  • It's crucial to understand that simply having your feelings hurt or feeling abandoned is generally not enough for a successful delictual claim. The conduct of the party breaking the engagement must have been particularly egregious and demonstrate a disregard for the other party's dignity.

Engagement Rings and Other Gifts

What happens to the engagement ring and other gifts exchanged when an engagement ends?

  • General Rule: Engagement rings and other gifts given in contemplation of marriage are generally returnable if the engagement is terminated. This is particularly true if the gift was given with the clear understanding that the marriage would take place.
  • Exceptions: Small, "out-of-hand" gifts of affection (like birthday or holiday presents) are usually not returnable.
  • Who keeps the ring? If the party who gave the ring breaks off the engagement without just cause, they typically cannot reclaim it. If the recipient breaks off the engagement without just cause, they may be expected to return the ring.
  • Donations in Expectation of Marriage: Any significant donations made by one party to the other in expectation of the marriage generally must be returned by the recipient if the marriage does not occur due to the recipient's unjustified actions. Similarly, the donor cannot reclaim donations made to the recipient.
  • Gifts from Third Parties: Gifts given by third parties (e.g., family or friends) in expectation of the marriage may also be retrievable by the giver if the marriage does not happen.

While there's no specific law mandating the return of engagement rings, disputes are typically settled based on the circumstances, and courts may consider who ended the engagement and why.

How VDM Attorneys Can Provide Exceptional Service

Navigating a broken engagement can be emotionally draining. At VDM Attorneys, we offer compassionate yet firm legal assistance to help you understand your rights and pursue the most appropriate course of action.

Our services include:

  • Comprehensive Legal Advice: We will carefully assess the specific details of your broken engagement, including how it was terminated, any reasons given, and the financial implications. We'll provide clear, tailored advice on the potential legal claims you may have and their likelihood of success in court.
  • Evidence Gathering and Claim Preparation: Our team will assist you in compiling all necessary evidence, such as receipts for wedding expenses, communication related to the engagement, and any proof of the manner in which the engagement was broken off. We will then meticulously prepare all legal documents required to institute your claim.
  • Skilled Negotiation and Settlement: We understand that protracted legal battles can add to your distress. We will vigorously negotiate with the other party or their legal representatives to try and achieve a fair settlement outside of court, aiming for a swift and satisfactory resolution.
  • Court Representation: Should a settlement prove impossible, our experienced litigation attorneys are fully prepared to represent you effectively in court, presenting your case with professionalism and dedication to achieve the best possible outcome.
  • Guidance on Gifts and Rings: We will advise you on the legal position regarding the engagement ring and any other gifts exchanged, assisting you in reclaiming what you are rightfully entitled to.
  • Consideration of Customary Law: If your circumstances involve customary law, we will ensure that its specific rules and principles regarding breach of promise are meticulously considered in your case.

Important Considerations When Dealing with a Broken Engagement

  • Timely Action: While there isn't a strict time limit like for some other claims, it's generally advisable to seek legal advice sooner rather than later, as memories fade and evidence can be lost.
  • Changing Legal Landscape: South African courts are constantly evolving their approach to breach of promise claims. Relying on outdated information can be detrimental. Our attorneys stay abreast of the latest judicial precedents to offer you the most accurate and effective advice.
  • Honesty is Key: Providing your attorney with all relevant details, even uncomfortable ones, is crucial for building a strong case or defence.

Is Your Broken Engagement Leaving You Brokenhearted and Out of Pocket?

Were you recently engaged and now find yourself facing a broken promise? Do you have questions about reclaiming your engagement ring or other losses?

Don't navigate this challenging time alone. Contact VDM Attorneys today for personalised legal advice and expert assistance. Let us help you understand your rights and secure your due.