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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Recess confidential: Labour's liquid party

Sniffing out the best stories from Westminster, including Showsec, soames, and Smith-side splits.

If you are celebrating in a brewery, don’t ask Labour to provide the drinks. Because of the party’s continuing failure to secure a security contractor for its Liverpool conference, it is still uncertain whether the gathering will take place at all. Since boycotting G4S, the usual supplier, over its links with Israeli prisons, Labour has struggled to find an alternative. Of the five firms approached, only one – Showsec – offered its services. But the company’s non-union-recognition policy is inhibiting an agreement. The GMB, the firm’s antagonist, has threatened to picket the conference if Showsec is awarded the contract. In lieu of a breakthrough, sources suggest two alternatives: the police (at a cost of £59.65 per constable per hour), or the suspension of the G4S boycott. “We’ll soon find out which the Corbynites dislike the least,” an MP jested. Another feared that the Tories’ attack lines will write themselves: “How can Labour be trusted with national security if it can’t organise its own?”

Farewell, then, to Respect. The left-wing party founded in 2004 and joined by George Galloway after his expulsion from Labour has officially deregistered itself.

“We support Corbyn’s Labour Party,” the former MP explained, urging his 522,000 Facebook followers to sign up. “The Labour Party does not belong to one man,” replied Jess Phillips MP, who also pointed out in the same tweet that Respect had “massively failed”. Galloway, who won 1.4 per cent of the vote in this year’s London mayoral election, insists that he is not seeking to return to Labour. But he would surely be welcomed by Jeremy Corbyn’s director of communications, Seumas Milne, whom he once described as his “closest friend”. “We have spoken almost daily for 30 years,” Galloway boasted.

After Young Labour’s national committee voted to endorse Corbyn, its members were aggrieved to learn that they would not be permitted to promote his candidacy unless Owen Smith was given equal treatment. The leader’s supporters curse more “dirty tricks” from the Smith-sympathetic party machine.

Word reaches your mole of a Smith-side split between the ex-shadow cabinet ministers Lisa Nandy and Lucy Powell. The former is said to be encouraging the challenger’s left-wing platform, while the latter believes that he should make a more centrist pitch. If, as expected, Smith is beaten by Corbyn, it’s not only the divisions between the leader and his opponents that will be worth watching.

Nicholas Soames, the Tory grandee, has been slimming down – so much so, that he was congratulated by Tom Watson, Labour’s deputy leader, on his weight loss. “Soon I’ll be able to give you my old suits!” Soames told the similarly rotund Watson. 

Kevin Maguire is away

I'm a mole, innit.

This article first appeared in the 25 August 2016 issue of the New Statesman, Cameron: the legacy of a loser