Wedding and Engagement Rings in Family Law

Wedding and engagement rings can sometimes form the basis for an expensive and contentious issue in separation matters. Parties often wonder whether the rings are given some special status due to their symbolic value in the marriage or engagement.

Are the rings included in the pool?

Wedding and engagement rings are not generally treated differently to any other piece of property by the Court. This means that they are usually included in the property pool unless the parties agree otherwise. Although there is no strict legal reason why they should not be included, parties often agree to exclude them due to their sentimental nature and relatively low financial value when compared to the total value of the pool. If either party does decide to raise the issue of the rings, then they may be included in the pool.

Who gets the rings?

If it is decided that the rings are to be included in the pool, they are treated just like any other asset. They will be ascribed a monetary value and the Court will then go through the usual process of assessing, among other things, the contributions and future needs of each party and dividing the assets in accordance with what it considers just and equitable. Ultimately, there is no special rule to govern how rings should be dealt with.

An extra note on engagement rings…

In Australia, an engagement ring is generally classified as a conditional gift. This means that should the party who has received an engagement ring and returned a promise to marry choose to call off the marriage, they must also return the ring. If the ring giver, however, decides to call off the marriage, they are not entitled to receive the ring back.

If you need any assistance with a property settlement or you have any questions regarding the above, please contact us on (02) 9688 6023.

This is not legal advice.