Tag Archives: engagement

Engaged!

Will you Marry me?

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If you said “yes” we may just be engaged!

Engagement is defined as a mutual promise or covenant to marry. See Black’s Law Dictionary.

Interestingly, there is no requirement that a date be set, that either of us have the present ability to fulfill said mutual promise, and there is nothing you can really do to enforce it if either of us change our mind.

Often in divorce papers, there is a prohibition against having a person with whom you are romantically involved, but not married or related to stay overnight where the minor child is. Less often, this prohibition excludes someone that you are engaged to, but that may be something that the other party can manipulate.

So are you engaged? If your papers have the language that allows a fiance’ to be around and have additional rights, I suggest it be legit, have a date set or in mind and please be sure you know the person that you intend to marry and make it work this time.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages you to get engaged and married, just make sure it’s to the right person!

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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Ringing In Valentine’s Day; Who gets the Ring when things go Wrong?

Valentine’s Day is one of the most popular days to get engaged!  Along with Christmas and New Years, Valentine’s Day is the holiday for popping the question.  But who gets the RING if things don’t pan out?

In Mississippi, the ring is a pre-marriage gift.  It can be argued that the ring is actually a conditional gift creating a contractual obligation.  How Romantic!

Here’s the scenario.  An offer of marriage is proposed and a ring given in exchange for a “Yes,” being an agreement to marry.  So long as both parties uphold their end; the fellow gives the ring and the lady marries the fellow = offer + acceptance & valuable consideration.  At this point the contract is fulfilled and the rings is now the property of the lady.  But what if they were only married for a minute?  Well, if they married the contract is fulfilled.  Certainly, there could be exceptions due to fraud or overreaching, but these are not typical.

The chancellor properly concluded that the engagement ring was a gift from [the fellow] to [the lady]. That gift necessarily predated the marriage of the parties. Thus, it was an asset brought by [the lady] into the marriage and was not a marital asset subject to equitable division. MacDonald v. MacDonald, 698 So.2d 1079 (¶ 13) (Miss.1997). It was, therefore, beyond the chancellor’s authority to order [the lady]  to return possession of that item to [the fellow] and the refusal to do so cannot constitute reversible error on appeal.  Neville v. Neville, 734 So.2d 352 (Ms.App. 1997).

Want to be safe, legally speaking anyway? Then make your marriage proposal contingent, as follows*:

 “Dearest One,

I love you and desire to marry you.   As a symbol of same, I am making a wholly contingent offer to you of this ring, of significant monetary and sentimental value, but a likewise sizable lien against same, in exchange for your promise to marry me. In the event that we do NOT get married, then said ring shall be returned to me in the same condition as presented, or alternatively you may elect to assume said lien, in full, for said ring and shall indemnify and defend me from any liability thereon.  ‘Will you accept this rose?'” *(a paraphrase of colleague J. Kitchens)

Matthew Thompson is a family law attorney that you can engage in the event you need a divorce, and if you use the above contingent marriage proposal, you just might!

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