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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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I proposed to a woman on the beach in Morocco in desember 2014.

Customer Question

I proposed to a woman on the beach in Morocco in desember 2014. She did not want to marry me and our situation deterated to such an extent we hardly talk now. i have text her to give me the ring back. Do i have any rights to demand the ring back because she did not accept the contract ??
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Generally, both parties will feel that they, morally, have the right to the ring, whether it is because they paid for it or because their partner caused the relationship to break down.
So how is it decided? The Law Reform (Miscellaneous Provisions) Act 1970 provides the answer and it is actually relatively straight forward. This legislation states that:
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.
I hope this helps.
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Customer: replied 2 years ago.
Unfortunately there was no breakdown nor even getting close to a wedding. this woman immediately said i should not have done this and said she did not want to marry me. I did not take the ring back immediately bout months later when relationship broke down completely. i.e. we are not even on talking terms anymore.
Expert:  JGM replied 2 years ago.
In that case the ring is deemed to be hers.