Under UK law, an engagement ring is usually treated as an absolute gift and does not have to be returned if an engagement ends, unless it was given on the condition that it would be returned. This includes situations where the ring is a family heirloom or where there was an express or implied agreement that it should be returned if the marriage did not take place.
“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.”
This often leads people to ask, “Is an engagement ring a conditional gift?”, and the answer will depend entirely on whether there was a clear condition attached to the gift at the time it was given.
I have to say I cannot see many people proposing with a beautiful engagement ring and putting in the proviso that “if this engagement does not work out and we don’t get married, I will need the ring returned to me”. Not exactly the best footing to start a long-term relationship on.
It is extremely rare but an application can be made to the court for the return of the ring if no agreement can be reached. I would hope that this would not be the case given the likely value of the ring and the costs involved in going to court.
If you do go to court, the court would look at all the circumstances and decide whether it was expressly stated as above that the ring be returned or whether it was implied that the ring should be returned if the engagement broke down. Implied would normally cover the fact that the ring was a family heirloom passed down from generation to generation.
As always, it’s best to speak to a family lawyer for advice on the situation and so that you know what your options are. Don’t just assume the ring is yours.
Michelle Brammer
Divorce and family lawyer Derby
