Ending an Engagement: What to Do
Posted on Jan 29, 2013 3:25pm PST
Oftentimes, when people get engaged they are madly in love and anticipating a life together. In current society, the majority of engaged couples live together as they prepare for their big wedding day, and plan together for the life that they will live ahead. Yet as the wedding date inches nearer, some men and women may start to have cold feet. While it is saddening, the fact is that many times engagements are broken off before a couple ever makes it to the altar. If a couple is not legally married, then breaking off an engagement can be easier than getting a divorce in the future. Still, in some situations there may be legal implications of a divorce that you will want to keep in mind.
If you break off an engagement after wedding invitations have been sent out, then chances are that you will be responsible to contact all of the men and women who were invited to the wedding and inform them that the event has been cancelled. You also may want to return all wedding gifts as well. It is not required for you to reimburse all members of the wedding party. For example, if the bridesmaids already have their dresses and the groomsmen have their tuxedoes, you do not need to cover these costs. Depending on which state you live in, there may be a law that regards the return of an engagement ring.
In some states, the giver is not permitted to get the ring back because he gave it as a gift. In other states the giver is entitled to the ring if the woman in the relationship breaks off the engagement. If the man breaks off the engagement, then the woman may be permitted to keep the ring. Typically, states maintain that the person who initiates the break up forfeits possession of the ring. In New York State, the giver of the ring will be permitted to take it back at the dissolution of an engagement regardless of who ended the relationship. In some states, if the ring is a family heirloom is it is to be returned back to the family upon the breakup.
If a couple lives together prior to engagement, then there may be some legal battles to fight in regards to the breakup. Oftentimes, couples that are not yet married but live together and have shared property are said to be in a domestic partnership. If you are sharing a home with your former fiancé then you may need to undergo a property division in the courts. If you and your spouse are amicable and are able to organize and separate property on your own, then you will not need the court authorities to intervene.
Yet if things become contentious, it may be best for you to get a local family lawyer involved This is also true if you and your fiancé have children. Whenever a couple has children, custody arrangements must be made. If a couple can determine those arrangements on their own and be trusted to keep those arrangements, then they will be left to this. Yet in many circumstances both the father and mother of the children want custody. In these cases, a lawyer will probably become involved advocating on behalf of one party, and then the other party will hire his or her own attorney in retaliation. At this point, both interested parties may battle for the children, and may end up in a co-parenting arrangement. When it comes to breaking off an engagement, there are a lot of legal battles you may need to fight. Don’t be afraid to hire a compassionate and hardworking lawyer to handle your case.