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Question
Posted by: MaThato | 2010/12/07

Please advice.

He proposed to marry me and decided along the way that he doesnot want to go the lobola route and also feels that we are coming from the different and will never do things he doesnot understand and now he has left me. do I have a right to claim for breech of promise.

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Our expert says:
Expert ImageFamily law expert

The world has moved on and morals have changed. Divorce, which in earlier days was available in the event of adultery or desertion only, is now available in the event of an irretrievable breakdown of the marriage. Guilt is no longer an issue. There is no reason why a just cause for ending an engagement should not likewise include the lack of desire to marry the particular person, irrespective of the 'guilt' of the latter. Unwillingness to marry is clear evidence of the irretrievable breakdown of the engagement. It appears illogical to attach more serious consequences to an engagement than to a marriage.
Therefore you won't have a claim for a breach of promise to marry.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@familylaws.co.za
www.divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

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Our users say:
Posted by: family law expert | 2010/12/08

The world has moved on and morals have changed. Divorce, which in earlier days was available in the event of adultery or desertion only, is now available in the event of an irretrievable breakdown of the marriage. Guilt is no longer an issue. There is no reason why a just cause for ending an engagement should not likewise include the lack of desire to marry the particular person, irrespective of the 'guilt' of the latter. Unwillingness to marry is clear evidence of the irretrievable breakdown of the engagement. It appears illogical to attach more serious consequences to an engagement than to a marriage.
Therefore you won't have a claim for a breach of promise to marry.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
bertus@familylaws.co.za
www.divorceattorney.co.za

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