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Ash
Ash, Solicitor
Category: Family Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Engagement Ring Law

Customer Question

My fiancee broke up with me a few months ago. Her family over the phone said that they will return the ring and some family jewellery that my mother had given her back. However this has not happened. I have the certificate of authentication for the ring, and it was given on the promise that we would marry.

I am from a Pakistani background, and in our culture it is implied that should the engagement break off, all jewellery exchanged will be returned.

The ring is very valuable and since there is going to be no resolution, I would like it back. Can you advise please?

Submitted: 2 years ago.
Category: Family Law
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this.

The legal position for engagement rings at least is governed by section 3(2) of the Law Reform (Miscellaneous Provisions) Act 1970, which states:

"The gift of an engagement ring shall be presumed to be an absolute gift; this presumption may 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."

Basically, although it can seem unfair, this means that unless there was an agreement to return the engagement ring if the wedding was cancelled then the recipient is under no obligation to return the ring. The courts will generally say there was an implied intention that the ring would be returned if it had particular sentimental value to the person who proposed, for example if it was a family heirloom.

It is however possible to ask the court to adjudicate on the issue if you are not able to agree, although given the high costs of litigation this should always be the last resort.

Can I clarify anything for you about this today please?

Customer: replied 2 years ago.

In our culture at the start of the engagement it is implied that the ring will be returned.


 


Does this make any difference?

Expert:  Ash replied 2 years ago.
Sadly not - unless it was agreed.

But you could go to Court and explain that is the case. It would certainly help convince a Judge.

If you issue proceedings your ex may return it rather than face Court.

Does that clarify?

Alex
Customer: replied 2 years ago.

The courts will generally say there was an implied intention that the ring would be returned if it had particular sentimental value to the person who proposed, for example if it was a family heirloom.


 


 


I am looking at this part of the section. There is definitely an implied intention, and is this not further backed up by the fact that the Certificate and Receipt of Authentication was never given and kept by my family incase the engagement broke up.


 


 

Expert:  Ash replied 2 years ago.
Then that may well support your case.

But if your ex wont return it your only choice is Court I am sorry to say.

Does this answer your question today?

Alex
Customer: replied 2 years ago.

Thanks, I will consider that.

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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