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Can I legally get engaged before the annulment is complete?

October 11, 2017 Our Blog

Getting an annulment or a divorce is a huge decision. For many people, the main draw of this choice is that it allows them to move on and find a new relationship. However, there can be downsides to getting involved too soon after a marriage ended. As a result, many people wonder if they can get engaged before their annulment or divorce is complete. Although this is a legal decision, it may not be a good one for your current marriage, your future marriage, or your own happiness.

In most cases, people can indeed become engaged before any kind of legal separation process is complete. This is because engagement is not a legal process. There is no paperwork and no license to be filed. Engagement is simply an agreement with another person to get married at some point in the future. While an engagement is a kind of contract, it is not illegal to get engaged while still technically legally married to someone else. However, this does not mean that doing so will have no consequences.

There are a few instances where a person can find themselves in legal trouble for getting engaged before their annulment or divorce is complete. First, if the other person does not know that they are unavailable for marriage, this could be interpreted as fraud. If your fiance(e) gave up their job or other opportunities with the assumption that you were free to marry right now, they may be able to sue you for expenses as well as keep the ring due to a breach of contract. Courts may consider this a breach of contract even if your fiance(e) breaks up the engagement, as you were not honest with them from the beginning.

There is an important legal issue known as “breach of promise to marry.” These lawss go back to the mid-19th century and are only rarely enforced in modern times. However, there is a possibility that a person could successfully be sued for violating these. These state that a promise to marry is one in which both people agree, with no written contract needed. As with most contracts, people who were minors at the time that they made the contract can void them. In general, both people must be free to marry (i.e., single, divorced, or annulled) and fully intend to follow through with the legal marriage. Being married to another person is considered a breech of contract unless the other fiance(e) knew that this was the case.

Last, getting engaged may jeopardize your current annulment. An annulment is different from a divorce in that the marriage is declared invalid. Rather than being divorced, it is like the marriage never happened at all legally. However, there may still be property or children to be litigated in the case of an annulment. Getting engaged to another person will anger your spouse and make it harder for you to work together. In addition, it may look bad to courts who are charged with approving the annulment and helping to divide any mutual assets. In general, it is better to wait to make major commitments until you have been completely freed of your old ones.

Many people seeking annulment wish to move on as quickly as possible. This is particularly true if you have already found someone that you believe is the perfect future spouse for you. However, it is better both legally, ethically, and emotionally if you want to get engaged until after your other marriage is completely over. While there are usually no consequences, there are still possible emotional and legal ramifications.

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