THIS ENGAGEMENT IS OVER! THE WEDDING IS OFF!
Navigating the aftermath of a canceled wedding can feel like a whirlwind of emotions and tough decisions. One of the most frequently asked questions is with respect to the fate of the engagement ring. Who gets to keep it?
Case Law & The Legislation
Traditionally, common law dictates that the engagement ring is forfeited by the party who breaches the engagement.[1] However, section 33 of Ontario Marriage Act (“OMA”) challenges this notion. It states that fault or abandonment regarding honoring the engagement doesn’t impact the right to reclaim the engagement ring. Section 33 of the OMA states:
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.[2]
Therefore, legislation explicitly removes fault from the equation when it comes to recovering gifts made in anticipation of marriage. An engagement ring can still be reclaimed, even if the individual reclaiming it is the one who breaks off the engagement.
Timing of The Demand
Determining whether a gift has been made in contemplation of marriage is a question of fact to be determined on a case-by-case basis.[3] With the question of fault being eliminated by statute, the only remaining question is the timing of the demand to return the ring.[4]
According to case law, if the gift was given in contemplation of marriage, it can be reclaimed if requested in a timely manner. The timing of this request can provide important evidence about the nature of the gift.[5]
If there’s a significant delay in asking for the ring back, especially when it’s clear the marriage won’t happen, it could suggest a shift in the gift’s intention from being conditional to unconditional.[6] In simpler terms, waiting too long to ask for the ring back might make it harder to argue that it was given with the expectation of getting married.
Lets Us Help You
If you find yourself in the unfortunate situation of dealing with a canceled wedding and the question of the engagement ring arises, it is highly recommended to seek professional legal counsel. Each case is unique, and specific circumstances can affect your claim to recovering the engagement ring.
Why Choose Hummingbird Lawyers LLP
Taking the first step toward resolving your legal matters is as simple as reaching out to us at Hummingbird Lawyers LLP. We offer a comprehensive range of legal services, including Family law, Real Estate Law, and Wills & Estate Law. These interconnected legal matters can significantly impact the separation and divorce process.
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With our extensive experience in family law, we carefully analyze each case to determine whether litigation or mediation is the better approach.
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