Broken engagements - your rights

If your engagement breaks down, do you have any rights?

A broken engagement might be devastating to one party or might be a mutual decision but either way it’s likely to cause upset and sadness. Once the initial shock has eased, it will be necessary to pick apart any arrangements that have been made for a wedding and ensure that any financial ties are also cut.

Some of the decisions may be very emotional – who will keep the engagement ring for example. In most cases the ring will have been an outright gift and therefore should be retained by the recipient, unless the giver can show that there is a very good reason otherwise, for example where the ring was known to be a family heirloom. Engagement presents can be another difficult issue and the fairest option is probably to return these.

Other decisions may require a more objective approach. Joint accounts need to be closed and the proceeds divided and joint debts need to be discharged or transferred to one party.

Resolving property ownership and dealing with associated financial links also need to be addressed. Jointly owned property may need to be sold or transferred to one party who may buy out the other. Engaged couples benefit from some increased rights in respect of beneficial interests which either may have in property owned by the other, where, for example they have contributed to the cost of improving the property. In some circumstances they can be treated as married couples for the purposes of determining property interests, rather than as cohabitees with their limited property rights. Any such interests may need to be assessed.