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Baby, Give me back my Ring…

August 2, 2016

Lance and Cerise had been living together for three years when Lance finally took the advice of Beyonce and “put a ring on it”. Cerise was ecstatic at the 1 caret of diamond and gold brilliance she now had sitting on her ring finger. She immediately got out the wedding folder she’d been storing  bridal magazine cuttings in for years. She and Lance spent many week ends visiting potential wedding venues, booking caterers and deciding on invitations and table settings. The wedding plans were all going swimmingly until one day, Lance announced to Cerise that he couldn’t go through with the wedding. He believed he now had feelings for someone he had met on his indoor netball team and all this wedding planning was just too stressful for him!

Lance and Cerise were ultimately able to agree on how to divide most of their property except when it came to the issue of the engagement ring. Lance had used up a large part of his savings and borrowed some money to buy it so he argued he should get it back or at least be paid back for it by Cerise. Cerise, on the other hand, felt the ring was hers and that given he was the one to cancel the wedding, Lance shouldn’t add insult to injury and expect to keep the ring as well.

So what does the law say? Under our relationship property laws, gifts made to a partner for their use alone is the separate property of the recipient.  A gift of jewellery will usually be the separate property of the recipient. Thus, unfortunately for Lance who is no longer taking advice from Beyonce, the engagement ring is Cerise’s to keep – it doesn’t form part of the relationship property pool for equal division.

Need assistance with a relationship property or separation issue of your own? Give us a call now to discuss how Family Law Results can help you: ph 0064 9 297 2010 or email lawyers@familylawresults.co.nz.

 

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