Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you.
What is the basis of the defence please?
If you expressed the ring was given only on marriage and it would be returned, then you will be entitled to have it back, or the value.
But you need to show:
1) It cost £5000
2) That it was conditional upon marriage
3) That it would be returned if you broke up
4) These terms were agreed BEFORE you gave the ring, not after
You will need to show that the above happened. Its your claim, you have to prove it on balance.
Can I clarify anything for you about this today please?
Sadly UNLESS this was agreed beforehand, I think you may have difficulty.
Marriage is a contract - but the ring symbolises this. Unless you discussed it beforehand it was conditional you may face a problem.
Does that clarify
The Law Reform (Miscellaneous Provisions) Act 1970 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.”
If you have evidence that it was implied BEFOREHAND then you are ok.
If it was AFTER the agreement, then your claim will fail.
You must show to rebut the presumption. The Defendant does not have to rebut it.
Does that clarify?
It has to be agreed BEFORE the contract to marry was formed.
Its not implied. It has to be express beforehand. Its only implied if its by law.
You can not change terms of an agreement after unless both parties agree
Terms are implied by law or conduct - express terms are spoken.That is the essence of a contract.
That is how the law works.
But it seems to show conduct AFTER not before the contract was entered into.That is why I think you may have an issue.
But of course lawyers disagree - and that is why we end up going to Court!