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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Why the Liberal Democrats by-election surge is not all it seems

The Lib Dems chalked up impressive results in Stoke and Copeland. But just how much of a fight back is it?

By the now conventional post-Brexit logic, Stoke and Copeland ought to have been uniquely inhospitable for the Lib Dems. 

The party lost its deposit in both seats in 2015, and has no representation on either council. So too were the referendum odds stacked against it: in Stoke, the so-called Brexit capital of Britain, 70 per cent of voters backed Leave last June, as did 62 per cent in Copeland. And, as Stephen has written before, the Lib Dems’ mini-revival has so far been most pronounced in affluent, Conservative-leaning areas which swung for remain. 

So what explains the modest – but impressive – surges in their vote share in yesterday’s contests? In Stoke, where they finished fifth in 2015, the party won 9.8 per cent of the vote, up 5.7 percentage points. They also more than doubled their vote share in Copeland, where they beat Ukip for third with 7.3 per cent share of the vote.

The Brexit explanation is a tempting and not entirely invalid one. Each seat’s not insignificant pro-EU minority was more or less ignored by most of the national media, for whom the existence of remainers in what we’re now obliged to call “left-behind Britain” is often a nuance too far. With the Prime Minister Theresa May pushing for a hard Brexit and Labour leader Jeremy Corbyn waving it through, Lib Dem leader Tim Farron has made the pro-EU narrative his own. As was the case for Charles Kennedy in the Iraq War years, this confers upon the Lib Dems a status and platform they were denied as the junior partners in coalition. 

While their stance on Europe is slowly but surely helping the Lib Dems rebuild their pre-2015 demographic core - students, graduates and middle-class professionals employed in the public sector – last night’s results, particularly in Stoke, also give them reason for mild disappointment. 

In Stoke, campaign staffers privately predicted they might manage to beat Ukip for second or third place. The party ran a full campaign for the first time in several years, and canvassing returns suggested significant numbers of Labour voters, mainly public sector workers disenchanted with Corbyn’s stance on Europe, were set to vote Lib Dem. Nor were they intimidated by the Brexit factor: recent council by-elections in Sunderland and Rotheram, which both voted decisively to leave, saw the Lib Dems win seats for the first time on massive swings. 

So it could well be argued that their candidate, local cardiologist Zulfiqar Ali, ought to have done better. Staffordshire University’s campus, which Tim Farron visited as part of a voter registration drive, falls within the seat’s boundaries. Ali, unlike his Labour competitor Gareth Snell and Ukip leader Paul Nuttall, didn’t have his campaign derailed or disrupted by negative media attention. Unlike the Tory candidate Jack Brereton, he had the benefit of being older than 25. And, like 15 per cent of the electorate, he is of Kashmiri origin.  

In public and in private, Lib Dems say the fact that Stoke was a two-horse race between Labour and Ukip ultimately worked to their disadvantage. The prospect of Nuttall as their MP may well have been enough to convince a good number of the Labour waverers mentioned earlier to back Snell. 

With his party hovering at around 10 per cent in national polls, last night’s results give Farron cause for optimism – especially after their near-wipeout in 2015. But it’s easy to forget the bigger picture in all of this. The party have chalked up a string of impressive parliamentary by-election results – second in Witney, a spectacular win in Richmond Park, third in Sleaford and Copeland, and a strong fourth in Stoke. 

However, most of these results represent a reversion to, or indeed an underperformance compared to, the party’s pre-2015 norm. With the notable exception of Richmond’s Sarah Olney, who only joined the Lib Dems after the last general election, these candidates haven’t - or the Lib Dem vote - come from nowhere. Zulfiqar Ali previously sat on the council in Stoke and had fought the seat before, and Witney’s Liz Leffman and Sleaford’s Ross Pepper are both popular local councillors. And for all the excited commentary about Richmond, it was, of course, held by the Lib Dems for 13 years before Zac Goldsmith won it for the Tories in 2010. 

The EU referendum may have given the Lib Dems a new lease of life, but, as their #LibDemFightback trope suggests, they’re best understood as a revanchist, and not insurgent, force. Much has been said about Brexit realigning our politics, but, for now at least, the party’s new normal is looking quite a lot like the old one.