What's the matter, little man?
Oh, big guy. My fiancée called off the wedding.
You’re kidding me! What happened?
I have no idea. She said she felt like she was being “rushed” into it too soon.
So is it just postponed?
No. She said it’s over. But that’s not the worst part.
What’s that?
The bitch won’t give me back the ring. I spent 500 bones on that thing!
I think you can get that back.
Really? How so?
That is, the acceptance of engagement gift (Q: Will you marry me? A: Yes) carries with it a condition precedent (marriage) that must be performed before the contract becomes absolute
and obligatory on the other party. O.C.G.A. § 13-3-4.
Fantastic! I guess I won’t go shake down her husband for the bones I spent!
Wait, what do you mean?
Well, she was going to leave her husband and get a divorce in order to marry me.
Well, if that’s the case, then you will likely not be able to recover anything?
Huh?
Entering into an agreement to marry someone at a time when she could not lawfully marry, and giving a ring to further such an unlawful engagement is a defiance of Georgia public policy and
constitutes “unclean hands” so as to bar you from any recovery. Morgan v. Wright, 219 Ga. 385 (1963).
What if I told you she accepted the engagement ring at Times Square when we were in New York?
Ohhhh brother……
Of course, this information is intended for general information purposes only, and is not legal advice. Legal advice depends on the specific facts and circumstances of each individual's situation. Those seeking specific legal advice or assistance should contact a qualified attorney regarding the subject matter.
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