Valentine’s Day is popular among hopeless romantics to profess their love for their significant others. In fact, each year, many men go down on their knees in the most unique, awkward or lavish of settings to pop that big question: “Will you marry me?” While the act of proposing is seen as a romantic gesture, it actually sets off wedding plans and, of course, legal issues as well.

Experts agree that prior to proposing, a soon-to-be-groom should consider what legal consequences a lifetime commitment such as marriage may bring to the table. Often, it is wise to think about seeing a legal professional first and discuss how a prenuptial agreement may be of benefit in addressing certain concerns.

One such concern is the question of who retains engagement rings once the engagement and the ensuing marriage ends in a break-up or, later, divorce proceedings -- a popular issue often raised by women. Fact is that a lot of couples go to court over this token of love and once symbol of affection.

Weddings aren’t just a big fancy day where couples choose to say their “I dos.” It is also a legal contract that joins together the lives of two individuals and gives them certain legal protections, especially on financial matters. Engagement and wedding rings, as well as other jewelries, are included in a marital financial matter.

In California for example, engagement rings are considered conditional gifts based upon an agreement to marry. The rule is that whoever called the breakup forfeits their claim on the ring. If the breakup is unanimous, the purchaser has entitlement to recover while in an amicable breakup, both parties can discuss or reach a compromise on how to deal with the jewelry.

Experts agree that prior to proposing, a soon-to-be-groom should consider what legal consequences a lifetime commitment such as marriage may bring to the table. Often, it is wise to think about seeing a legal professional first and discuss how a prenuptial agreement may be of benefit in addressing certain concerns.
 

A prenuptial or a postnuptial agreement may be more useful in divorce proceedings. Once the conditions for gifting the rings have been met and marriage has been established, this becomes a marital property. Without a legally recognized agreement to specify conditions on such assets, the court may order the couple to liquidate and split off the proceeds or it may encourage both to reach an agreement on who takes the ring home.