It is not uncommon to spend large amounts of money on an engagement ring. What happens though if the Wedding does not go ahead?
Until 1961, it was possible to sue for damages for breach of promise to marry. Until that point, the courts followed the precedent from an English case that said that if the man gave the woman the engagement ring and she cancelled the wedding then she had to return the ring. But if he cancelled the wedding she could keep the ring.
Who Gets The Ring?
After 1975, when the Australian Family Law Act removed any issues of fault from the divorce application process, there has been some uncertainty as to whether the law regarding conditional gifts of engagement rings has changed or not.
A magistrate in New South Wales recently decide the question in a case that came before them and their view was that it did not matter who cancelled the wedding, the engagement ring was an unconditional gift and did not need to be returned after the wedding was cancelled.
If you would prefer to avoid all possible uncertainty and ensure that there is clarity as to the outcome if a relationship comes to an end (at whatever point) and you wish to consider a Binding Financial Agreement, call Aylward Game Solicitors on 07 3236 0001.