Marriage is encouraged by the law. Every effort to restrain or discourage marriage by contract, condition, limitation, or otherwise shall be invalid and void, provided that prohibitions against marriage to a particular person or persons or before a certain reasonable age or other prudential provisions looking only to the interest of the person to be benefited and not in general restraint of marriage will be allowed and held valid.
(Orig. Code 1863, § 1652; Code 1868, § 1696; Code 1873, § 1697; Code 1882, § 1697; Civil Code 1895, § 2410; Civil Code 1910, § 2929; Code 1933, § 53-107.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Marriage, § 114 et seq.
C.J.S.- 17A C.J.S., Contracts, §§ 245, 246.
ALR.
- Conditions, conditional limitations, or contracts in restraint of marriage, 122 A.L.R. 7.
What constitutes contract between husband or wife and third person promotive of divorce or separation, 93 A.L.R.3d 523.