COVID-19 Announcement
RE: ESSENTIAL SERVICES

SFG Paralegal Services is an essential service, available for business, while operating in accordance with Order issued by the Premier of Ontario, and is practicing and encouraging social distancing measures for the safe health of all persons. Learn More [61] Essential services include professional and social services that support the legal and justice system;
[65] Professional services including lawyers and paralegals, engineers, accountants, translators.
Order of the Premier of Ontario | March 23 2020 8:00PM

 


Can You Keep An Engagement Ring After a Breakup?

An Engagement Ring Is a Conditional Gift That Is Given In Exchange For the Promise to Marry. If the Engagement Is Called Off, the Ring Must Be Returned.

Marriage Promise Breaches Including Legal Requirement for Returning Engagement Ring When a relationship breaks down including an engagement to marry, which is, effectively, a promise or contract to enter into marriage, the engagement ring must be returned to the person that gave the ring as an offering for the promise to marry.  While it may seem cold and rather unromantic, as the law often is, from the legal point of view, generally, the six standard contractual formation elements are established within an engagement whereas the proposal is an Offer to marry, the 'yes' response to a proposal is Acceptance, and the ring given and promise to marry given in return are bilateral Consideration; and accordingly, if the two persons involved are with Capacity to contract (meaning unintoxicated or otherwise mentally incapable of entering into legally binding contracts), and do indeed have a genuine understanding and thus Intention, and are legally of age and are without any other Legality concerns, in law, a contract is formed.  Furthermore, where a ring is given for the promise to marry, such is viewed in law as a 'conditional gift' per the case of Pavan v. Laudadio2013 CanLII 101049 at paragraph 23 which said:

I accept the evidence of the Plaintiff that the engagement ring was gifted to the Defendant in contemplation of marriage.  It was a conditional gift, conditional upon marriage of the parties.  The engagement was subsequently broken off and the planned June 2010 wedding did not take place.  The parties never married.  The condition upon which the gift was made was never fulfilled.  Fault is irrelevant to my findings.

In addition to the common law principles applicable to a ring as a 'conditional gift', such was codified by statute law within section 33 of the Marriage ActR.S.O.  1990, c.  M.3 which states:

Recovery of Gifts Made in Contemplation of Marriage

33 Where one person makes a gift to another in contemplation of or conditional upon their marriage to each other and the marriage fails to take place or is abandoned, the question of whether or not the failure or abandonment was caused by or was the fault of the donor shall not be considered in determining the right of the donor to recover the gift.

Furthermore, as stated in the Pavan case as well as the Marriage Act, fault for the breakdown of the relationship and termination of the engagement is irrelevant; accordingly, if someone 'cheated' or if the relationship became abusive, or if there was any other form of perceived fault or blame, the law is disinterested and disallows such as a reason to avoid return of the engagement ring.  Accordingly, the requirement to return an engagement ring, being the 'conditional gift', appears as absolute.

Summary Comment

The common law and the statute law are clear.  An engagement ring is a conditional gift that must be returned, regardless of who is at fault for the relationship breakdown, upon termination of an engagement.

For more information, fill out the form below to send a direct inquiry to SFG Paralegal Services.

Provide some context to explain the nature of your inquiry.  Your IP Address is logged as: 3.215.182.81
ATTENTION: Confidential information regarding your case must not be sent through this website.  This website is not intended as providing legal advice nor intended as a method to establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website form only to arrange an introduction with a SFG Paralegal Services representative, before taking any steps to discuss the particulars of your legal case.  Legal advice cannot be provided to you via reply email or over the phone.
SFG Paralegal Services

66 Centre Street, Unit C
Thornhill, Ontario,
L4J 1E9

P: (888) 398-0121
E: sglass@sfglegal.ca

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.

Service Within:

Thornhill
Markham
Brampton
Vaughan
Whitby


Pickering
Oshawa
Ajax
Toronto
Durham Region


York Region
Newmarket
Richmond Hill
Aurora
and much more


SFG Paralegal Services

SSL Secured Trust https://sfg.legal


Animated Spinner