By Rachael Burke, Solicitor, Family Law, Gillespie Macandrew.

Getting engaged is a hugely exciting time in a couple’s lives. The giving of an engagement ring by one party to the other is symbolic of a lifelong commitment to one another. When getting engaged, most couples expect to eventually get married but what happens to the engagement ring if things don’t work out?

Gifts pre-marriage

An engagement ring is a gift from one person to another person. If the engagement ring is given unconditionally, that is without the condition that marriage must follow, then on separation it belongs to the person who received it. This is because it was an outright gift.

If an engagement ring is given on the condition that marriage must follow, either expressly or implied, then it is not an outright gift. This means that steps can be taken by the party who gave the ring to recover it or its equivalent value.

Gifts between spouses

Any gifts given between spouses during their marriage will be matrimonial property and therefore their value is in the pot for sharing on divorce. Matrimonial property is anything acquired in the sole or joint names of the spouses from the date of marriage to the date of separation. There are some exceptions to this, but gifts between spouses are not one. Therefore, if an eternity ring, for example, was given by one spouse to the other during the marriage, its value would need to be shared between them on Divorce.

If you have questions around your position when it comes to engagement or marriage and have any questions over your assets, contact our family law team to gain answers and support.

About Gillespie Macandrew
Gillespie Macandrew LLP is an independent Scottish law firm with offices in Edinburgh, Glasgow and Perth.  We provide expert legal advice to businesses and individuals and their families on a wide range of legal and tax matters and are leading advisors to the rural, energy, charity and property sectors.