Feb 25
What is the value of an engagement ring? A physical emblem of love? A symbol of esteem that speaks of eternal love as well as being evidence of success both personal and professional. Forget the £1 “place holder ring” sold by Poundstretcher a couple of years ago. We are talking the full “diamonds are forever” De Beers ideal of immortal love and represent a huge financial investment by the proposer.
Well that depends.
Gifts are generally just that, absolute and therefore not returnable if the relationship comes to an end. Engagement rings however are gifts “in anticipation of marriage” and can bring with them an express or implied condition that if that the marriage does not take place it should be returned. A case in point perhaps is the rather apply named RI v NG [2025] reported only in the last few weeks. In this case an engagement ring and other gifts in anticipation of marriage were contested. In fact Ms NG suggested that there had never been an engagement at all, despite calling her partner her fiancé in correspondence. The Judge ultimately determining that they had been engaged to be married and those items of jewellery including an engagement ring should be returned to Mr RI.
Possibly, but not necessarily. There would perhaps be greater weight in arguing a return of the items given in contemplation of the marriage if it was the ‘proposed to’ rather than the ‘proposer’ that brought the relationship to an end. In reality it shouldn’t really matter if it is made clear that these items were conditional upon the marriage taking place.
If there were a ring or indeed jewellery given in anticipation and contemplation of the marriage and that marriage then takes place it is going to be difficult to argue that those items ought to be returned in any subsequent divorce proceedings. It is frequently raised as a question particularly where the ring has a high value or relatively high value compared with the other assets of the relationship (or even in some circumstances it is still subject to outstanding finance).
These are important items for not just the couple but for the family as a whole. If there is to be a strong case for a return of these items it needs proper consideration. For example what should happen in the event of a separation should be agreed and recorded. This would be an ideal insertion into a pre-marital agreement. These jewels can hold sentimental, if not also monetary, value and as such need to be specifically dealt with if there was ever an intention to keep it in the family.
Being crystal clear at the outset will be crucial in any later argument for a return.
Carmelita Ardren is Head of Family Law at Raworths based in Harrogate, North Yorkshire. Carmelita is ranked in both Chambers UK and the Legal 500, independent guides to the legal profession. She can be contacted on 10423 566 666 or email carmelita.ardren@raworths.co.uk
Published on 5 February 2025
The information and any commentary contained in this briefing is for general information purposes only and does not constitute legal or any other type of professional advice.
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