With the season of love swiftly approaching, what’s more romantic than deciding to pop that special question?
It’s no wonder why 43% of people claimed Valentines Day to be their top day to propose or to be proposed to, according to one of America’s leading online jewellery store, James Allen.
An engagement ring is likely to be one of the most expensive gifts given between a couple up to this point in their relationship.
But who gets to keep the ring after a relationship breakdown?
The law makes it abundantly clear that an engagement ring shall be presumed to be an absolute gift unless there is clear evidence to show that you gave that ring to your fiancé on the condition that it would be returned should the marriage not take place.
In ordinary words, unless you can demonstrate that you gave your fiancé the ring on the condition that it should be returned in the event of a relationship breakdown, they can do whatever they like with the ring. This includes selling it or even gifting it away.
Say you do want your fiancé to return the ring to you if things go pear shaped later down the line. What can you do?
Prenuptial Agreements
You could consider drawing up a legal document known as a Prenuptial Agreement which identifies any assets and dictates what should happen to them in the event of a relationship breakdown. One disadvantage of this is that the agreement will only be effective if you and your fiancé go on to get married.
But say your relationship breaks down before the date of the marriage. What can you do then?
You can communicate this condition expressly but let’s be honest, what would be more unromantic than asking your partner “will you marry me? But just to be clear, I would like you to return the ring should we ever break up”.
There has been a few attempts to convince the Court that a verbal agreement was made but unsurprisingly, it appears to be a difficult scenario for a Judge to imagine. For example, one Judge stated:
“Having heard the evidence, I reject as implausible the unromantic express remark which (H) says that he made”
It would be advisable to ask your fiancé to sign an agreement to confirm that they are aware of the condition and that they agree to return the ring in the event of a relationship breakdown.
Another way of demonstrating that the ring was given on the condition that it would be returned would be to show that the condition to return it was implied. Examples of this can be where the ring is a family heirloom or where the rings holds particular sentimental value.
For more advice on Family Law contact our New Mills office on 01663 743 344 or by email at our New Mills office click here
Blog by Carla Hazelwood
