Broken Engagement – What happens when an engagement is broken off and who keeps the ring?

Historically, getting engaged was considered a contract and therefore ending the relationship and cancelling the wedding was considered a breach of contract for which the offending party could be taken to Court.  Whilst this is no longer the law, there are still likely to be many issues resulting from the breakdown of a relationship when a couple are engaged.  With more couples delaying weddings due to the pandemic, and perhaps failing to make it down the aisle, it is important that couples are aware of their rights.

Who Keeps the Ring?

The average cost of an engagement ring in 2020 was £1,865.  Most likely, this is the largest gift given between a couple to this point in their relationship. The law is clear on who keeps the ring. Under section 3(2) of the Law Reform (Miscellaneous Provisions) Act 1970, an engagement ring should be regarded as an absolute gift unless there is clear evidence to show this was agreed to be returned in the event of the relationship ending.  This means that the receiver of the ring is entitled to keep the ring and sell it if they chose to do so.

In some cases, the Court may choose to depart from this if the ring is a valuable family heirloom but in this situation, we would always advise entering into a Cohabitation Agreement (for long engagements) or a Prenuptial Agreement in contemplation of marriage which covers off what would happen to the valuable family heirloom.

Rights of Engaged Couples

Although often overlooked, engaged couples enjoy ‘enhanced’ rights over cohabiting couples.  These apply when determining whether a party has acquired a beneficial interest in a property (an interest that gives a financial share in a property and/or a right to occupy, even if the legal title is not in their name).  In this situation, the law states that the couple should be treated as though they were married and their interests in the property will be determined accordingly.  The Court will also consider any contributions made to the property, such as mortgage payments or funds spent on renovations.  However, this special status only lasts for three years after the end of the engagement so it is important to seek legal advice as soon as possible if there is any dispute over the ownership of a property.

Whilst a fiancé will not automatically inherit if the other pre-deceases them under the rules of intestacy, they may still be eligible to make a claim on the deceased’s estate as a cohabitee under the Inheritance (Provision for Family and Dependants) Act 1975.  In order to do so, you must show that you were a dependent of the deceased and reliant upon their financial support.  It is still advisable however to ensure you have made provision for your fiancé through your Will and to remember that this will be automatically revoked upon your marriage.

How to Deal with Disputes

Mediation can be used to help couples reach an amicable agreement however in some cases the Court may be required to resolve matters.

Cohabitation Agreements

If, like many others who have postponed their weddings, you and your partner are planning to have a long engagement but live together, you should consider entering into a Cohabitation agreement.  This is a legal document between you and your fiancé which sets out how your assets will be dealt with both during the relationship and, more importantly, upon any breakdown of the relationship.  You can enter into this agreement at any time but it is recommended to do so before moving in together.  You will also want to review this in the event of any change of circumstance, such as having children or obtaining a mortgage together.

Pre-Nuptial Agreements

If you or your fiancé own significant assets, it is sensible to consider entering into a Prenuptial agreement.  This is a formal written agreement signed prior to the wedding which sets out who owns what assets prior to the marriage or civil partnership and how these should be dealt with in the event of divorce or separation.

We recommend that you begin discussing this 12 months prior to a wedding and this should be signed at the very latest one month before the wedding takes place.

Speak to our Family Law specialists

The family team at IBB Law are experienced in dealing with disputes following the end of an engagement and in preparing documents such as Cohabitation Agreements and Prenuptial Agreements.  Yasmin Kibble is a solicitor in the Family team and can be contacted on 01895 207 834 or yasmin.kibble@ibblaw.co.uk. To contact the family law team please email  familylaw@ibblaw.co.uk or call 03456 381 381.