Engagements should be a joyful beginning of two people starting their journey towards marriage, filled with love and promises for the future. However, what happens when the relationship breaks down can bring about complex legal issues, particularly regarding the ownership of gifts exchanged during the relationship. In this article, we will explore a recent legal case that highlights these challenges and offers insights into how ownership of gifts during an engagement can lead to disputes when a relationship ends before marriage. Terri Anson-Dean, Senior Associate in our Family Law department, shares her thoughts on how this case may inform your own decisions and how you can plan for the future in your relationship to protect your property and finances.
Case overview - an engagement gone wrong
The case in question involved a couple who had agreed to marry in February 2024, with their wedding scheduled for 15 May 2024. However, the engagement was called off on 30 April 2024. During their engagement, one party purchased a significant diamond engagement ring and six other pieces of jewellery, valued at £67,942, that were intended as gifts for their future spouse.
After the relationship ended, the buyer claimed that their now ex-partner had unlawfully removed the various pieces of jewellery from their property without permission. In response, the ex-partner denied that they were ever "officially" engaged, stating that they did not want to marry and that the relationship ended due to controlling behaviour.
This situation raised important questions; was there a valid engagement, did the jewellery actually exist, and did the ex-partner unlawfully take items that belonged to the buyer?
The outcome from the Court
Under s17 of the Married Woman's Property Act 1982, the Court has authority to determine property between spouses including those who are intending to be married. In this case, the Court examined several pieces of evidence to determine the legitimacy of the engagement and the ownership of the jewellery. The Judge concluded that there was indeed an engagement, based on several key factors:
- The significant diamond ring was a clear indication of a commitment to marriage.
- Evidence showed that the ex-partner had worn the ring and acknowledged the engagement publicly.
- Documentation including emails with Chelsea Town Hall confirmed the wedding arrangements.
Ultimately, the Court determined that all seven jewellery items claimed by the buyer were real and valued at £67,942. The Judge found that the assumption that the engagement ring was an outright gift was not valid since the giver had ended the engagement. Consequently, the Court ordered the receiving ex-partner to return the jewellery or to pay its equivalent value if it was not returned.
What is a Cohabitation Agreement and how can it prevent future disputes?
This case also highlights how a Cohabitation Agreement and/or Premarital Agreement could have alleviated some of the disputes surrounding the relationship breakdown. A Cohabitation Agreement and/or Premarital Agreement is a legal document that outlines the rights and responsibilities of each party while living together and what will happen if the relationship ends.
If the couple had an entered into a Cohabitation Agreement and/or Premarital Agreement in this case, it could have clarified the ownership of the jewellery and other shared assets prior to the engagement in contemplation of their intended marriage. This agreement would have served as a point of reference in the event of a dispute, potentially preventing misunderstandings and protecting the interests of both parties.
What steps can be taken to protect my future in a relationship?
Based on this case, there are steps that couples can take to avoid a similar situation:
- Keep records: Maintain documentation of significant purchases, communications about your engagement, and any agreements made (formal or informal). This evidence can be crucial in any potential disputes.
- Know your rights: Familiarise yourself with the legal implications of gifts given during engagement. An engagement ring may not always be seen as a gift if the engagement is called off.
- Consider a Cohabitation Agreement and/or Premarital Agreement: If you are living with a partner, think about creating a Cohabitation Agreement or Premarital Agreement if you intend to marry in the future. This can greatly simplify matters regarding assets and property should the relationship end.
- Act quickly: If you suspect that valuable items are being withheld or taken, it is important to act promptly. Legal options tend to be more effective when pursued early.
- Seek legal advice: If you find yourself in a similar situation, reach out to a legal professional who can provide you with tailored guidance and support.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
