Do I have to give my engagement ring back after divorce?
You have spent a lot of money on an engagement ring but it wasn’t meant to be and the wedding is off so who should keep the engagement ring? Can you get an engagement ring back after you’ve proposed? Who legally owns the engagement ring?
In today’s day and age, engagement rings can be worth thousands. They are usually a very valuable asset and therefore if the engagement is off it is understandable you may want it back.
In UK law the giving of an engagement ring is presumed to be a gift so it is assumed the person who receives it should keep it. So sadly, the simple answer is no. As with any gift, it is given on the presumption that it will not be returned. Even if the marriage does take place, it was still a gift and does not have to be returned.
There is a caveat to this though. The 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.
In most cases, there has been no such discussion.
If you do want legal advice on division of family law assets then contact our Family Law Team on 0161 491 8520.