The Betrothal

Marriage usually followed an engagement or betrothal (sponsalia). This phase consisted of reciprocal promises by the future husband and wife to contract a legal marriage with each other at a later date.^[173] Originally, the betrothal existed in the form of an enforceable agreement that was usually concluded between the respective patresfamilias by means of a sponsio - a formal oral promise accompanied by certain religious rites.

Although a breach of the relevant promise was no longer actionable, it entailed certain legal consequences. For example, if one of the parties terminated the engagement without a good cause or otherwise acted in a dishonourable way that party was branded with infamy (infamia) culminating in the loss of esteem among fellow citizens.^[175] From the influence of Christian practices in the fourth century ad, it became customary for the betrothed couple to give engagement gifts (arra sponsalicia) to each other.^[176] These gifts usually served as a guarantee for the fulfilment of the marriage promise since the party who broke off the engagement without proper cause forfeited the gifts he bestowed upon the other party and had to return to the other party double the value of the gifts received by him.

An engagement could be terminated by mutual consent of the parties or upon the death of one of them. It could also be dissolved by a simple declaration of one party, subject to the disadvantages mentioned above. The engagement was likewise terminated if it was revealed during the course of the engagement that the parties did not meet the conditions for a valid marriage.

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