WHO KEEPS THE ENGAGEMENT RING?

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Valentine’s Day is here – a day that is all about love. It’s no wonder that it is such a popular day to get engaged. With the recent passing of the same-sex marriage laws, even more people will be popping the question this Valentine’s Day.

It is a well-known tradition to present a ring to your significant other when proposing. Diamonds are forever, and once you’ve said yes, the ring is yours forever. There is one condition, however. Engagement rings are a gift conditional upon getting married. It’s simple. If you want to keep your ring, then all you have to do is make it down the aisle.

The law has compared an engagement to a commercial contract. Two people have promised that they would marry one another. It’s a formal agreement. When you accept the ring, you are also accepting the condition to get married. If there is no marriage, then the condition is not fulfilled and the ring will have to be returned to the giver.

Of course, the law extends beyond rings and may be applied to any gift that is given in contemplation of marriage.

If you are thinking of getting engaged and want to know more about your rights and obligations, you may benefit from talking to a solicitor.


Shanya Sahay is a law clerk at Stephens & Tozer Solicitors, undertaking work across an extensive range of legal practice areas. Should you have any questions or concerns in relation to family law or contract law, please contact our team at Stephens & Tozer today.

14 February 2018

Category: All / Contractual Law / Family Law