Is an engagement ring a gift?
Engagement rings, which cost on average £2,000 in 2024, are one of, if not the most, expensive gifts given between couples at this point in their relationship.
In the UK, the Law Reform (Miscellaneous Provisions) Act 1970 sets out how an engagement ring is treated. This law specifies that an engagement ring should be treated as an absolute gift unless there is clear evidence to the contrary.
Who gets to keep the engagement ring?
As stated above, the general position is that an engagement ring is an absolute gift. This means that the recipient of the ring usually has the right to keep it, even if the engagement and wedding are called off. Because engagement rings are typically treated as absolute gifts, the ring’s recipient is the ring’s owner and they can do with it as they please (eg sell the ring).
However, if there is clear evidence that the ring should be returned if the wedding does not go ahead, the ring should be returned to the person who proposed. Such evidence can be either explicit (eg in writing as part of a Prenuptial agreement) or implicit (eg through conduct or if the ring has particular sentimental value).
What if the engagement ring was a family heirloom?
The law does not make an express exception for engagement rings that are family heirlooms. However, the court may be more likely to infer an implied intention that the ring would be returned in the event of a breakup.
How can I prevent conflicts related to an engagement ring?
To avoid having to rely on the goodwill of the courts, it is a good idea to set out in writing what will happen to an engagement ring that is an heirloom or of sentimental value in the event of a breakup. Depending on the specifics of the situation, a Prenuptial agreement or Cohabitation agreement may be used for these purposes.
A written agreement helps provide some certainty as the courts are otherwise less likely to consider subjective factors, such as sentimental value, and will instead consider the intrinsic value of the engagement ring.
While prenups and cohabitation agreements are not legally binding in England and Wales, the courts will often consider them, provided certain safeguards are met.
In Scotland, prenups and cohabitation agreements are legally enforceable and binding, provided certain safeguards are met and they are properly drafted and executed.
For more information, read How to make a prenuptial agreement and Cohabitation. Consider using our Prenuptial and cohabitation agreement service if you require independent legal advice on your prenup or cohabitation agreement.
For most couples, returning an engagement ring is never in question. They start their wedding planning and move forward to the wedding, at which point the wedding ring becomes part of the marital property. However, for those who separate before the wedding, knowing what may or may not happen can help them make the right choices about their breakup.
If you have any questions or concerns, Ask a lawyer.
