Restraint of Marriage Law and Legal Definition

Restraint of marriage refers to a condition that nullifies the grant to which it applies if the grantee marries or remarries. Restraints of marriage are usually void if they are general or unlimited in scope. Contracts in restraint of marriage are void, upon grounds of public policy. If a man and woman reciprocally agree to marry each other, the contract is undoubtedly good, but by the terms of the contract, if one of the parties be restrained from marrying at all, or from marrying anybody, unless it be a particular person, and there be no corresponding obligation on that person, the contract is considered as injurious to the general interests of society, and therefore void. A condition in general restraint of marriage is void and a condition in partial restraint of marriage is valid.