Engagement

The engagement is the mutual, form-free promise of two partners to marry each other. At the latest, the registration with the civil registrar is considered an engagement, which is why every couple has been engaged before marriage.
The engagement is a preliminary stage of marriage, which already obligates the partners to united cooperation, fidelity and assistance. It justifies however no legal right of inheritance of the surviving engaged! Also no obligation is derivable to the entrance of the marriage. Therefore the marriage cannot be forced also against the will of one of the partners.
The betrothal usually ends with the marriage. However, it is also possible for both fiancés to annul the betrothal by mutual consent or for one of them to withdraw from the betrothal. If one of the fiancées cancels the engagement without good cause or if one of the partners is responsible for the cancellation, compensation must be paid for expenses incurred in connection with the marriage. In the case of a fault-based dissolution, it does not matter which of the two partners dissolves the engagement. The obligation to compensate exists not only towards the partner, but also towards his/her parents, grandparents or godparents

No obligation to pay compensation exists if one of the betrothed withdraws from the betrothal for an important reason. Important reasons are, for example, the outbreak of a terminal illness, the economic collapse of one of the partners or the occurred estrangement.
If the partner who is innocent of the betrothal suffers a serious injury in his/her personal circumstances due to the breach of betrothal, he/she can even demand a sum of money from the other as satisfaction. This may be the case, for example, if the betrothal lasted a long time, it is dissolved shortly before the wedding ceremony or during pregnancy.

Independently of the reason for dissolution, gifts can be reclaimed upon dissolution of the engagement, including those made to the engaged couple by third parties. If the gifts are no longer available, the enrichment must be surrendered.

For example, the following are considered to be grounds for annulment due to fault:

• concealed previous marriages
• concealed criminal record
• Violation of the duty of fidelity and consideration
• groundless delay in marriage
• substantial change in occupation or lifestyle