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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Theresa May confirms Brexit Britain out of the single market – 8 other things we learnt

The Prime Minister dropped the Brexit bombshell that we're out of the single market, and more. 

Theresa May confirmed suspicions that the UK will leave the single market after Brexit in a major speech on her objectives.

The Prime Minister said the Brexit vote was a clear message about controlling immigration, and “that is what we will deliver” – but this meant the UK could not continue following the rules of the single market

She said: I want to be clear. What I am proposing cannot mean membership of the  single market. European leaders have said many times that membership means accepting the “four freedoms” of goods, capital, services and people.

"And being out of the EU but a member of the single market would mean complying with the EU’s rules and regulations that implement those freedoms, without having a vote on what those rules and regulations are."

May also repeated that maintaining the open land border between Northern Ireland and the Republic of Ireland would be a priority, and that she wanted trade deals with the rest of the world.

But leaving the single market wasn’t the only Brexit bombshell May dropped. Here is what we learnt:

1. The single market may be replaced by a European free trade deal

The Prime Minister has ruled out a single market, but is hoping for a deal to replace it. She said: “As a priority we will pursue a bold and ambitious free trade agreement with our neighbours in Europe."

2. No more European Court of Justice

May said Brexit will end the jurisdiction of the European Court of Justice in Britain, and that “laws will be interpreted by judges not in Luxembourg but in courts across this country”.

3. Parliament will get a vote on the Brexit deal

Most MPs already expected to get a vote – as their peers in the European Parliament would get one. May confirmed this, saying: "I can confirm today that the government will put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament, before it comes into force.."

4. EU citizens still face uncertainty

May has always been clear she wants to confirm EU citizens’ right to remain in the UK, but only if British citizens receive the same guarantee in other EU countries.

She made no further guarantees, saying: "I have told other EU leaders that we could give people the certainty they want straight away, and reach such a deal now. Many of them favour such an agreement - one or two others do not"

5. She will try to stay in the customs union

May explicitly said the UK will have to leave the EU single market, but she was far more nuanced on the customs union, which negotiates trade deals on behalf of the EU member states.

She does not want Britain to share the EU’s common commercial policy, or be bound by common external tariffs, but does want to “have a customs agreement with the EU”. This could mean the UK becoming “an associate member of the customs union”. 

6. Some payments may continue

May said that Britain voted to stop large contributions to the EU, but she stopped short of ruling them out altogether. There may be payments that are “appropriate”, she said, if there are programmes the UK wants to be part of.  

7. Brexit could be in phases

The PM said several times she wanted to reassure businesses – who are increasingly unhappy about the uncertainty ahead. She wants the negotiators avoid a “cliff edge”, but also avoid “permanent political purgatory” (something Brexiteers fear). 

May suggested a deal could be done by the time the two-year process of Article 50 ends, and this could be followed by a “phased process of implementation”.

It’s worth bearing in mind at this point that two years in EU deal-making time is extremely speedy.

8. The UK’s nuclear option: Corporate tax haven

The Chancellor Philip Hammond has already floated the idea that a disgruntled Britain could slash corporate tax in order to attract unscrupulous multinationals to its shores.

May said that the UK would be prepared to crash out without an agreement, saying “no deal for Britain is better than a bad deal for Britain”. 

In such a situation, Britain "would have the freedom to set the competitive tax rates and embrace the policies that would attract the world’s best companies and biggest investors to Britain". In other words, become an offshore tax haven. 

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.