Friday 20 September 2013

Return of the Engagement Ring

CBC reports on a couple who were fighting over ownership of the engagement ring after the relationship went sour (find the CBC story here). Generally, jewelry, including engagement rings, are considered gifts and are not property to be divided or returned on the breakdown of the relationship. In rare occasions, the Court will order the return of the ring, in circumstances where there appears to have been no real intention to marry or the jewelry is considered a promotional item, worn to impress others about the status of the couple. 

Rarely is it ordered that an engagement ring be returned and most lawyers will advise their client against going to Court on this issue alone.  In situations where there are other matters at issue, the party who gave the ring can ask for its return as a part of an alternative dispute process, however, if the matter goes to Court it is unlikely that the Court will order its return as they are seen as personal property and not assets. 

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