In Australia, the law says that whoever purchased the wedding ring is the rightful owner. However, this doesn’t mean that it’s always a straightforward process to determine who gets to keep the ring after a divorce.
If you’re unsure about who is entitled to keep the wedding ring after a divorce, it’s important to seek legal advice from an experienced family lawyer. They can help you understand your rights and obligations under the law, and negotiate an outcome that is fair for both parties.
The general rule is that any property acquired during the marriage (including gifts and inheritances) is considered to be joint property, and will be divided equally between the two spouses in the event of a divorce. However, there are a few exceptions that can come into play when deciding who gets to keep the ring.
For example, if one spouse paid for the ring but the other spouse contributed to its value (by picking it out, for example), then the court may consider both spouses’ contributions when making a decision.
If one spouse owned the ring before the marriage, or if it was a gift from a third party (such as a parent or grandparent), then it may be considered to be separate property and not subject to equitable distribution.
Similarly, if the ring has significant sentimental value (for example, if it was worn by a family member at their own wedding), then the court may decide that it should be awarded to the spouse who values it most.
Another factor that can be taken into account is whether or not there was an agreement between the spouses about who would get the ring in the event of a divorce. If there was such an agreement, then the court is likely to honor it.
Finally, the court may also consider whether or not giving the ring to one spouse would cause an unfair financial hardship on the other spouse. For example, if one spouse is significantly wealthier than the other, the court may decide that it would be unfair to force the less wealthy spouse to give up the ring.
In most cases, the court will ultimately decide who gets to keep the wedding ring based on what it believes is fair and equitable under the circumstances. So, if you’re going through a divorce and you’re wondering who gets to keep the wedding ring, make sure to talk to your lawyer about all of the potential factors that could come into play in your case.