find the latest legal job
Legal Inhouse / Lawyer / Company Secretary
Category: Other | Location: Brisbane QLD 4000
· Fantastic Company · Potential to be Part Time / Flexible Work Pattern
View details
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
In-House Legal Counsel (Mid to Senior)| Regulated Markets (Energy and Gas)
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Full PD on Request · Exciting High Impact Role
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
LSC issues advice for Valentine's Day proposals gone wrong

LSC issues advice for Valentine's Day proposals gone wrong

engagement rings

The Legal Services Commission of South Australia has warned couples about the legal minefield involved in ending an engagement.

According to a recent American Express survey, eight per cent of unmarried couples planned or expected to get engaged on Valentine's Day.

However, the SA Legal Services Commission warned that couples caught up in the excitement should also consider what might happen if the relationship turns sour.

“With many rings costing tens-of-thousands of dollars, there are significant legal considerations involved when engagements are called off,” LSC lawyer Chris Boundy said.

On average, Australian couples spend around $10,000 on engagement and wedding rings, he suggested, but one 2013 case in the Family Court concerned a ring costing $170,000.

Who gets to keep the ring after an engagement is called off will depend on whether the couple live together, how long they have been together and whether they have children, he suggested.

Generally, if a couple does not live together before marriage, they are considered to be in a “traditional engagement” and the receiver must return the ring under a precedent set in Cohen v Sellar, according to information from the LSC.

Where engaged couples have already moved in, it will depend on whether they qualify as a de facto couple – meaning one that has lived on a domestic basis for at least two years or has a child together, the LSC clarified.

If de facto couples can’t agree on who owns the ring after a break-up, the Family Court or Federal Circuit Court can make a ruling on the division of assets. For couples who do not qualify as de facto, the giver could claim the ring or its value through a civil action in the Magistrates Court.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

LSC issues advice for Valentine's Day proposals gone wrong
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Crowd
06:05
Anti-radicalisation programs playing ‘second fiddle’ to terrorism laws
Several academics have questioned the balance between Australia’s counterterrorism legislation and...
 William Ah Ket
06:00
‘Bamboo ceiling’ thought piece wins inaugural law prize
A paper that explores the idea of affirmative action to achieve greater diversity among members of A...
Nov 22 2017
Reduced investment protections will make robust commercial arbitration mechanisms all the more critical for investors
Promoted by Maxwell Chambers. This article discusses the current trend away from investor protect...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...