With popular shows like ‘Love is Blind’ and ‘Married at First Sight’, not every engagement leads to a wedding or a “yes” at the altar. So, what happens to the engagement ring if a couple decides to separate before their marriage, especially if they’ve been living together? Do you gain any legal rights from being engaged?
Do I have to give my engagement ring back after separation?
Engagement rings can be quite costly, sometimes equating to months of salary or even passed down as family heirlooms, representing the perfect symbol of your commitment to your fiancé. But now that you’ve decided to part ways, one person may want the ring back, arguing it was their purchase, while the other believed it would be theirs forever. So, what happens to the engagement ring after a breakup, and can you legally demand its return?
Fortunately, the law provides clarity on this point and the general rule relating to ring ownership is outlined in Section 3(3) of the Law Reform (Miscellaneous Provisions) Act 1970, which specifies that an engagement ring should be regarded as an ‘absolute gift’ and, as such, belongs to the person to whom it was given.
However, this presumption can be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason. When it is not in writing, it may not be simple to prove this intention.
It is rare for couples to document that an engagement ring shall be returned if the marriage were not to take place, as it is not exactly the most romantic of topics, so it is broadly the case that the vast majority of engagement rings can be treated as gifts and any return will be discretionary.
Do I gain any legal rights from being engaged?
Generally, getting engaged does not grant any significant legal rights. For legal purposes, you will typically be considered a cohabiting couple until you are married.
If the relationship ends, financial claims are generally more limited than they would be in a marriage. One of the most common issues in these situations is determining what happens to a property solely owned by one party. As a result, financial matters during the separation of unmarried couples can often be more complex.
What should I consider after my engagement?
If parties are looking towards a long engagement while living together, a cohabitation agreement, can assist by codifying the agreements you have made. If you are looking to purchase a property, you may want to give some consider entering into a Declaration of Trust in respect of any jointly owned property, especially where there have been unequal contributions.
During the engagement period, you may want to give some thought about entering into a pre-nuptial agreement, whilst not legally binding, can be given significant weight as to how assets are to be divided on divorce. This could include what happens to the engagement ring, especially if it is a family heirloom.
What is a prenuptial agreement and should you get one?
How Moore Barlow can help you
If you are looking to explore the options available to you, and if you would like advice as to how certain agreements may be able to assist you, please contact our experienced Family and divorce lawyers.
