An agreement in restraint of marriage, also known as an anti-nuptial contract or a prenuptial agreement, is a legal contract that establishes certain terms and conditions for a future marriage. It is designed to protect the rights of both parties in case of a divorce or separation. However, there are certain provisions within this type of agreement that can be considered invalid under the law.

One such provision is the clause that prevents a person from marrying. An agreement that restricts an individual`s choice to enter into a marital relationship is considered a violation of one`s fundamental right to marry. This type of restraint is considered an infringement upon the freedom of choice, which is guaranteed under the Constitution.

An agreement in restraint of marriage can take several forms. For instance, it can be a clause that states that one person must obtain the permission of the other before they can remarry. Alternatively, it can be an agreement that prohibits a person from marrying at all without the consent of the other party.

Regardless of the form it takes, an agreement that prevents a person from marrying is considered to be invalid and unenforceable in most jurisdictions. This is because such a restriction on marriage violates public policy and basic human rights. The law recognizes that individuals have the right to make their own decisions regarding marriage, and any agreement that infringes upon this right is deemed void.

It is important to note that an anti-nuptial contract that contains a clause restricting marriage does not automatically render the entire contract invalid. If other provisions in the contract are enforceable and do not contravene public policy, the contract may be upheld in court. However, the clause that restricts marriage will be unenforceable.

In conclusion, an agreement in restraint of marriage is a legal contract that establishes certain terms and conditions for a future marriage. However, any clause that prevents a person from marrying is considered invalid and unenforceable. It is crucial to ensure that all provisions in an anti-nuptial contract comply with the law to avoid complications and legal issues in the future.