Legal Question in Family Law in New York
''Betrothal'' versus ''Engagement''
Hey there everyone -- I'm researching a screenplay and this tangentially comes up. *Is* there a legal recognition of the (what seems to be pre-dominantly religious) idea of betrothal, as opposed to the more ''official'' concept of engagement? Or is this just splitting hairs? I guess I'm wondering if one is more binding than another, or if both / neither have any bearing on partnerships. I hope this makes sense. Thanks in advance for any responses.
2 Answers from Attorneys
Re: ''Betrothal'' versus ''Engagement''
Neither is legally binding.
Except, the promises made by one and relied upon by the other might be.
Re: ''Betrothal'' versus ''Engagement''
Although today there is little distinction made between a Betrothal & Engagement, the terms and historical usuage reflect different "legal" principles.
"Betrothal" is an archaic term that actually refers to a third party (head of household, Church, Master etc..) giving permission and promising his "charge" to marry someone.
"Engagement" is a modern term that refers to two parties agreeing and promising to marry each other.
In the past "betrothal" was the only recognized way a "proper" woman could marry. A man and woman could not become "engaged" to marry each other without permission.
Good luck,
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