Who Gets the Ring If the Wedding Is Cancelled

If you are engaged to marry and the wedding is cancelled, who gets the ring? It depends on who "broke" or breached the promise to marry and why.

Breach of Promise of Marriage

Someone who claims they have been wronged by the cancellation of the wedding might think about filing a lawsuit for breach of promise of marriage. In order to bring a lawsuit for breach of promise of marriage, a person must show:

• An exchange of promises existed.
• The action of the party when they broke their promise, which makes him or her responsible for the wedding being called off.
• The promise was supported by a benefit or loss, such receiving or giving the engagement ring.
• Both people were of legal age to marry.

The person who was injured by the breach of promise to marry may testify to the contents of the promise and may offer any witness testimony to support his or her claim of the contents of the promise. Additionally, if one party was underage, that party may have the contract declared void in a lawsuit for breach of promise to marry.

The Statute of Frauds is a law that requires some promises and contracts to be in writing to be enforceable. Although the Statute of Frauds adopted by most states has a marriage clause, most states do not require a promise of marriage to be in writing to be enforceable.

Many states require premarital agreements, in which a couple make provisions for their property rights at the end of the marriage, either by divorce or death, to be in writing, and to be signed by both people. Many states have adopted the Uniform Premarital Agreement Act, a standardized law regarding premarital agreements.

Formal and Informal Promises

There are basically two types of promises that can be made: a formal promise and an informal promise. A formal promise, also called an express promise, typically has a great amount of detail such as plans to marry in a specific location or for one party to move to the other party's city. These plans must have been agreed upon when they exchanged promises to marry. An informal promise may be implied from the couple's actions or be a non-specific promise. In a lawsuit, a court would probably focus on the actions of the couple regarding the promise to marry. However, courts do vary regarding the type and amount of evidence that can be introduced in a lawsuit for a breach of a promise to marry.

Questions for Your Attorney

• Who may file an action for breach of promise of marriage?
• What do I have to show if I file an action for breach of promise of marriage?
• Does the promise of marriage have to be in writing in order for me to be able to sue my fiance for breaking our engagement?

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