It was a mutual breakup, due to unresolvable differences, and now she refuses to give him the ring back. bear in mind this ring was a gift to her on the proviso that she marry him, now she is not, surely he is entitled to retreive the ring? Please i need real life experience to answer this, no opinions please, or if u happen to be a lawyer who knows about matrimonial law then thats just what i need. please help asap. (English/UK law only)
2007-09-10 09:57:36 · 25 answers · asked by Anonymous in Family & Relationships ➔ Weddings
The sticking point is: Can he prove that the ring was given with a "return it if we don't marry" express/implied proviso? UK law provisions follow:
Section 3(1) of the The Law Reform (Miscellaneous Provisions) Act 1970, would allow the groom to recover the ring if it was given “on the condition (express or implied) that it shall be returned if the agreement is terminated”.
Section 3(2) states that the gift of an engagement ring is presumed to be an ABSOLUTE GIFT, but that presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if a marriage did not take place.
Personally, I think a lady would return the ring. Your friend's ex-fiance is, I fear, no lady.
2007-09-10 22:48:36 · answer #1 · answered by Bill 6 · 2⤊ 0⤋
There is a stated case in UK law, that the ring should be given back.
However it should be noted that the ring DOES NOT represent a binding contract of any sort, as a verbal agreement is not binding, especially in laws relating to proposals.
the basis for it being returned were that if the female had declined the proposal she would never have acepted the ring.
She understands what the condition of the ring is to accept the proposal BUT NOT THE OTHER WAYS ROUND.
The ring represents no additional monotary value to the female party, as it was accepted with the assumption it would not be sold and held on a value emotionally to the parties.
THIS IS JUST A STATED CASE and a ruling magistrate/judge would not have to just accept this as the reading of the law, but merely as a current standing interpretation.
2007-09-10 10:12:44 · answer #2 · answered by the mofo 4 · 1⤊ 1⤋
in accordance to what I even have heard, no longer purely could you supply the ring back out of excellent manners, yet legally you could return it. An engagement ring is a modern-day in anticipation of marriage, so if the marriage does no longer ensue, the ring desires to be back. form of makes an engagement ring look like a protection deposit on your hand in marriage! i'm able to easily answer this via fact I have been given sucked into an episode of choose Judy final month the place the comparable undertaking got here up.
2016-10-04 08:23:12 · answer #3 · answered by courcelle 4 · 0⤊ 0⤋
When i broke up with my first fiance (im on my second and going through with it!) i gave the ring back. It was the right thing to do and I honestly didn't want to hold on to something that symbolizes a broken relationship like that.
I think she should give it back however because it is considered a gift she can keep it if she wants. Why she would want to keep something like that I wouldn't know. It could mean that the ring means more to her than what it represents
2007-09-10 10:06:06 · answer #4 · answered by Michy 3 · 2⤊ 1⤋
There's no law that says she has to give it back. My friend works in a law office and this has come up before. A lawyer will say it was a gift and there's nothing he can do to get it back.
However, etiquette states that an engagement ring is a promise for marriage, and if they didn't get married, she didn't fulfill her end of the promise and has to give the ring back.
That said, etiquette generally also states that if SHE dumped HIM, she gives the ring back. But, if HE dumped HER, she keeps the ring.
2007-09-10 10:22:22 · answer #5 · answered by Anonymous · 0⤊ 2⤋
I am an attorney, and I have done family law, but in the US.
This is the old rule: If he gave it to her as a birthday or Christmas gift, it was hers, no matter what.
The old rule went on to say that if he gave it to her, but not on a traditional gifting occasion, and she broke up with him, it was his, because of the logic you mentioned, so she was required to return it. If, on the other hand, he broke up with her, she was not required to return it.
Now, however, the law looks at the promise to marry as not so much of a legally enforceable promise. Therefore, the ring is looked upon as a gift, and it is hers to keep, no matter what the circumstances were in giving the gift, or the circumstances in breaking the engagement.
A gift belongs to the person who received it.
2007-09-10 10:14:03 · answer #6 · answered by Tricia R 4 · 1⤊ 1⤋
The ring must be returned to him. It is not a gift in the regular sense, but rather a symbol of the promise to get married.
2007-09-11 02:54:53 · answer #7 · answered by Lydia 7 · 0⤊ 1⤋
In a nutshell no he can't.No lawyer in the country would even look at this and take it on.You're freind just has to cut his losses and move on before he gets carried away on a mission he cannot win.Closure for him is to put it all behind him.harsh but true.She is the rightful owner off the ring now and there is nothing he can do about it.UK.
2007-09-10 10:08:04 · answer #8 · answered by Niamh 7 · 1⤊ 1⤋
If it's THIS important to him - why DOESN'T he consult a lawyer? At the very least, he could file a small claims suit. Yes, it would be the "right thing to do" for her to return the ring, but if she's not willing to do that, the only avenue that's open to him is trying to take legal action.
2007-09-10 10:16:04 · answer #9 · answered by Anonymous · 1⤊ 1⤋
According to the books of etiquette, this is how it goes, If he broke off the engagement the ring goes to her as compensation for his breaking of the compact to marry. If she broke off the relationship, the ring must be returned to him as she has broken the compact. The ring is NOT a gift, but a symbol of the compact and the person who broke the compact forfeits the ring.
2007-09-10 10:05:44 · answer #10 · answered by Anonymous · 3⤊ 1⤋