Breaching Marriage Promises:

Question: In Ontario, do I have to return an engagement ring after the engagement ends?

Answer: In Ontario, engagement rings are generally treated as conditional gifts given in contemplation of marriage, so if the parties do not marry, the person who gave the ring usually has the legal right to recover it, and fault for the breakup is typically irrelevant.   The Ontario Marriage Act, R.S.O. 1990, c. M.3, section 33 supports recovery where a gift is made conditional on the marriage failing or being abandoned.   Courts have similarly confirmed this approach in Pavan v. Laudadio, 2013 CanLII 101049 at paragraph 23.   If you need help figuring out what to do with the ring and any related claims, Wennekers.Legal™ provides professional legal services across Ontario, call (647) 701-1162.

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Understanding Who Gets the Engagement Ring After a Break Up

When a relationship breaks down including an engagement to marry, which is, effectively, a promise or contract to enter into marriage, the engagement ring must be returned to the person that gave the ring as an offering for the promise to marry.  While it may seem cold and rather unromantic, as the law often is, from the legal point of view, generally, the six standard contractual formation elements are established within an engagement whereas the proposal is an Offer to marry, the 'yes' response to a proposal is Acceptance, and the ring given and promise to marry given in return are bilateral Consideration; and accordingly, if the two persons involved are with Capacity to contract (meaning unintoxicated or otherwise mentally incapable of entering into legally binding contracts), and do indeed have a genuine understanding and thus Intention, and are legally of age and are without any other Legality concerns, in law, a contract is formed.  Furthermore, where a ring is given for the promise to marry, such is viewed in law as a conditional gift per the case of Pavan v. Laudadio, 2013 CanLII 101049 at paragraph 23 which said:

Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 to discuss any specific questions that you may have.

In addition to the common law principles applicable to a ring as a conditional gift, such was codified by statute law within section 33 of the Marriage Act, R.S.O. 1990, c. M.3 which states:

Furthermore, as stated in the Pavan case as well as the Marriage Act, fault for the breakdown of the relationship and termination of the engagement is irrelevant; accordingly, if someone 'cheated' or if the relationship became abusive, or if there was any other form of perceived fault or blame, the law is disinterested and disallows such as a reason to avoid return of the engagement ring.  Accordingly, the requirement to return an engagement ring, being the conditional gift, appears as absolute.

Summary Comment

The common law and the statute law are clear.  An engagement ring is a conditional gift that must be returned, regardless of who is at fault for the relationship breakdown, upon termination of an engagement.