Who gets the ring when you divorce?

More reasons for a prenup.

Rings, necklaces and watches aren’t among the top priorities that clients ask me to deal with during the stressful period of break-up and divorce. However, the issue of who keeps the jewellery after a split is one that has proved troublesome for many UHNW divorcees, with emotional consequences that are often significantly more far-reaching than first imagined.

The issue is long contested and its legal origins in the UK date back to the 1870s, and the Married Women’s Property Act. This law presumed that any gifts of jewellery to a wife from a husband was "for the decoration of her person" and not hers to own.

However, after this act was abolished it was considered that a gift would remain the property of the recipient. This could only be contested if there was sufficient evidence that would prove an intention from the recipient to return the gift after an agreed period of time or change of circumstance.

Today, that notion stands true and was reinforced by law in 1970. This indicated that an engagement ring is presumed entirely as a gift from one person to another, unless there was clear intention that the ring would be returned at any point, for example if the ring was an heirloom. It makes you wonder what might happen to the Duchess of Cambridge’s engagement ring were she and Prince William ever to split.

What is an heirloom?

After making this point to clients, many ask the question of "How do I prove it’s an heirloom?" It’s a contentious issue, because the definition of "heirloom’" isn’t necessarily black and white. Further questions include, ‘Is a gift only considered an heirloom after a certain number of years or owners?’ and "Does an heirloom have to be old?"

In the circumstances of a split, steps should always be taken to safeguard your interests by obtaining proof that what you have been given by a family member is indeed an heirloom and can be traced by history of ownership.

This can be done by being the recipient of a note from the relative who gave you the heirloom, stating how it came to be passed onto them before it came to you.

What you do with your wedding band after divorce is entirely up to each individual. A growing trend, originating from the US, is to remould the ring and repurpose the band as a "divorce ring". Others request it to be melted down for use as another piece.

Like all divorce law, the division of assets is dependent on facts and leaves little room for negotiation. Therefore, always bear in mind the details of gifts given and received during your marriage and ensure your separation plans are adapted accordingly

 A pre-nuptial agreement, particularly in relation to family heirlooms that may have significant sentimental value, can take the sting out of asset allocation on divorce and help avoid any nasty surprises further down the line.

Amanda McAlister is Head of Family Law at Slater & Gordon

This story first appeared in Spears magazine

This is a story from the team at Spears magazine.

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With the BBC Food’s collection under threat, here's how to make the most of online recipes

Do a bit of digging, trust your instincts – and always read the comments.

I don’t think John Humphrys is much of a chef. Recently, as his Today co-presenter Mishal Husain was discussing the implications of the BBC’s decision to axe its Food website (since commuted to transportation to the Good Food platform, run by its commercial arm), sharp-eared listeners heard the Humph claim that fewer recipes on the web could only be a good thing. “It would make it easier!” he bellowed in the background. “We wouldn’t have to choose between so many!”

Husain also seemed puzzled as to why anyone would need more than one recipe for spaghetti bolognese – but, as any keen cook knows, you can never have too many different takes on a dish. Just as you wouldn’t want to get all your news from a single source, it would be a sad thing to eat the same bolognese for the rest of your life. Sometimes only a molto autentico version, as laid down by a fierce Italian donna, rich with tradition and chopped liver, will do – and sometimes, though you would never admit it in a national magazine, you crave the comfort of your mum’s spag bol with grated cheddar.

The world wouldn’t starve without BBC Food’s collection but, given that an online search for “spaghetti bolognese recipe” turns up about a million results, it would have been sad to have lost one of the internet’s more trustworthy sources of information. As someone who spends a large part of each week researching and testing recipes, I can assure you that genuinely reliable ones are rarer than decent chips after closing time. But although it is certainly the only place you’ll find the Most Haunted host Yvette Fielding’s kedgeree alongside Heston Blumenthal’s snail porridge, the BBC website is not the only one that is worth your time.

The good thing about newspaper, magazine and other commercial platforms is that most still have just enough budget to ensure that their recipes will have been made at least twice – once by the writer and once for the accompanying photographs – though sadly the days when everyone employed an independent recipe tester are long gone. Such sites also often have sufficient traffic to generate a useful volume of comments. I never make a recipe without scrolling down to see what other people have said about it. Get past the “Can’t wait to make this!” brigade; ignore the annoying people who swap baked beans for lentils and then complain, “This is nothing like dhal”; and there’s usually some sensible advice in there, too.

But what about when you leave the safety of the big boys and venture into the no man’s land of the personal blog? How do you separate the wheat from the chaff and find a recipe that actually works? You can often tell how much work a writer has put in by the level of detail they go into: if they have indicated how many people it serves, or where to find unusual ingredients, suggested possible tweaks and credited their original sources, they have probably made the dish more than once. The photography is another handy clue. You don’t have to be Annie Leibovitz to provide a good idea of what the finished dish ought to look like.

Do a bit of digging as part of your prep. If you like the look of the rest of the site, the author’s tastes will probably chime with your own. And always, always, wherever the recipe is from, read it all the way through, even before you order the shopping. There is nothing more annoying than getting halfway through and then realising that you need a hand blender to finish the dish, just as the first guest arrives.

Above all, trust your instincts. If the cooking time seems far too short, or the salt content ridiculously high, it probably is, so keep an eye on that oven, check that casserole, keep tasting that sauce. As someone who once published a magic mince pie recipe without any sugar, I’m living proof that, occasionally, even the very best of us make mistakes. 

Felicity Cloake is the New Statesman’s food columnist. Her latest book is The A-Z of Eating: a Flavour Map for Adventurous Cooks.

This article first appeared in the 26 May 2016 issue of the New Statesman, The Brexit odd squad