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Getting engaged is an exciting milestone, yet it is common these days for couples to mix their lives emotionally, practically, and even financially before marriage. But, if you don’t have a cohabitation agreement or prenuptial agreement in place, what happens if the engagement ends before the big day?
Engagement vs. marriage: The legal difference
An engagement is a personal promise, not a legal contract. Years ago, breaking off an engagement could be seen as a “breach of promise,” but that’s no longer the case.
However, questions can still arise about:
- Who keeps the engagement ring
- What happens to gifts exchanged
- Costs already spent on wedding plans
What happens to property and assets in a broken engagement?
Couples often buy things or even property together before getting married. If the engagement ends:
- Joint Purchases: Things bought together are usually treated as jointly owned. If there’s no agreement in place, they’re normally split equally. However, if one person made a financial contribution that was significantly more than the other, they might be entitled to a larger share.
- Personal Property: Things owned by one person before the engagement typically remain theirs. In some cases, if one partner contributed a lot of money to improve property they don’t legally own, they may be able to claim a share.
What happens to the engagement ring and gifts?
The ring: Usually, an engagement ring is considered an absolute gift. The person who received it can keep it unless it was clearly given on the condition of marriage, or if it’s a known family heirloom.
Gifts: Gifts from friends or family are usually seen as gifts to the couple, unless there’s proof they were meant for just one person.
What about wedding costs?
If you’ve already paid deposits or booked vendors, it can be tricky to get that money back.
You might be able to recover costs only if:
- You agreed the other person would reimburse you, or
- You agreed to split costs equally.
Without a clear agreement, whoever signed the contracts might be left to pay the bills.
Are debts and financial obligations affected in a broken engagement?
If you’ve opened joint accounts or taken on shared debt, you’ll both still be responsible even if the engagement ends.
- Joint Debts: You’ll need to agree how to divide these. If you don’t, interest can keep building, and creditors may take action against either of you.
- Personal Debts: Debts taken out individually are normally that person’s responsibility—unless they were for something you both benefited from, like a home renovation or trip.
Are there any legal agreements you can make to protect yourselves?
It may feel unromantic, but putting things in writing can protect both of you if the engagement ends.
- Cohabitation Agreements: Can be made before or during the engagement to set out how property, bank accounts, and responsibilities will be divided if you split.
- Prenuptial Agreements: Usually signed before marriage, but can also help clarify how things will be divided if the engagement ends or later leads to divorce.
Final thoughts
Ending an engagement can be extremely emotional and it can also be complicated financially. Knowing your rights and making clear agreements early can save a lot of stress later.
Speak to one of our family law solicitors today
If you’d like advice on protecting your finances during an engagement or understanding your rights if it ends, our specialist family lawyers in Bath, Bristol and Bradford on Avon can help.
Contact us at info@sharpfamilylaw.com.
