Page 66 - The Circle of Life

Obviously the parties may decide to keep the ring and it is always a good idea to

settle this without the need of the court getting involved. As I always say in my
books you have a 50/50 chance of winning in court despite the cr-p your lawyer
may be telling you. Once in court you either win or you lose and those odds are

way too bad for me to take a bet on. I just don't know what will happen in court.

The witness may have an off day or even your advocate. It is almost never a
good idea not to settle. There are no guarantees in court but a lot in settlement
because you control it.

The second category is where the gifts were made in contemplation of the

forthcoming marriage between the parties themselves. Under this we see all
lasting gifts of value such as a house or farm or an insurance policy or furniture.

Usually when a contract is broken the law requires restitutio in integrum which
means to go back to the way it was before the contract came into being. As with

most of law it is a fair enough system. The law is neutral and protects both
sides. Where no-one is at fault (say one party dies before marriage) the gifts are

returned to each other or the estate.

However, in case where one party acted in a ghastly way he may be punished by
the court and the goods not given back. It all depends on the circumstances but

it is not a get rich quick scheme. Typically the good must be returned.

The third category deals with gifts of small value which engaged persons often

give to each other as tokens of affection and they are normally kept by the

receiver. It would be silly and based on the common law principle of de minimis
non curat lex of not bothering the court with trifles.

The question is what happens to gifts given before the engagement. That is
whilst dating. Well, it depends if it was given as unconditional out and out gifts

or not. If so the receiver keeps it unless the court finds otherwise. Unconditional
means without any presuppositions. However, this will not stop it from being

demanded back if the giver is declared insolvent within two years of the gift
given. It may then be taken back under the Insolvency laws.

It often happens that third parties give gifts to the happy couple. What happens
to those gifts? As is normal in law under the restitio principle it should be

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