Who said that it’s going to be a “happy ever after” after getting the much-awaited wedding proposal from your boyfriend or your soon-to-be life-long partner?
While both soon-to-be bride and groom are under pressure and stress in making their upcoming wedding perfect, there are situations when both parties start to realize something that they should have realized sooner before getting engaged – an agreement that they are really not meant for each other.
So, what’s going to happen with the engagement ring?
If you are lucky enough to end your relationship in the most civilized way, it’ll be easy to decide who gets to keep the engagement ring, where in most cases the ring is returned to the one who gave the ring in the first place. However, not all relationship would end up the nicest way, some are too heartbreaking.
So, who gets to keep the ring? Similar to most breakups, ending a relationship a few months, weeks, or days before the wedding is kind of complicated. However, if both parties want to keep the ring for themselves, according to the law, the person who gave the ring keeps the ring.
But, isn’t it a gift?
Unlike most gifts that you receive on your birthday, this gift is a conditional one.
There are three ways that the court treats the engagement ring – as a gift, as compensation, and as a conditional gift.
Engagement ring as a “gift”
The court treats an engagement ring cases as “gift” if it falls under this following elements:
1. The intent of the giver gives the ring or any item as a gift.
2. The actual giving of the ring or any item to the recipient by the giver.
3. The recipient had accepted the gift.
In this case, as a recipient, you can always sell it anytime; in fact, you always sell it with a great deal.
Engagement ring as “compensation”
An engagement ring can be qualified as “compensation” if the giver and the receiver had understood that the ring was given as a reward. For instance, both parties have ventured a business and have agreed to get married after their business’ success; if the business turned out successful and as agreed, the man proposed to her girlfriend marriage and presented valuable diamond ring, according to the law, the woman gets to keep the diamond ring as “compensation”, if both parties have ended their relationship.
Engagement ring as “conditional”
In this scenario, the court treats an engagement ring as a “conditional gift” if the recipient accepted the ring in return to marry the giver. In a case for broken engagement, the court awards the ring to the giver since the ring was presented as “conditional”.
However, in a case where the giver was in the fault of a broken engagement, there are several courts that grant the receiver the authority to keep the ring and do what she wanted to do with it.
If you are in the same situation where you do not what to do with the ring or you wanted to keep the ring but both parties are in argument to keep the ring, you need to consult the professional to seek advice. There are lawyers who specialize in family laws that you can ask for help.