Éducaloi: breakups after an engagement, are there any remedies?

Married couples have legal protections in the event of a breakup.

Éducaloi: breakups after an engagement, are there any remedies?

Married couples have legal protections in the event of a breakup. But what about engaged couples?

No particular legal status

Getting engaged has no legal consequences. The law never refers to engagement. Moreover, the courts consider that it is a gesture that is a matter of morality, religion or culture.

An engaged person therefore has no recourse solely because of the breakup. For example, a person does not have to return the engagement ring just because the wedding will not take place. According to the courts, the ring is a gift and the ex-fiancé has the right to keep it.

Possible remedies in certain cases

In principle, a person who suffers damage due to the fault of another person can claim compensation. On the other hand, ending a relationship at any time is not a fault in itself, regardless of the reason.

There could be a fault if gestures are committed in a malicious way during the breakup or if a commitment is not respected. For example, a person who agreed to pay part of the wedding expenses and refuses to do so may have committed a fault. An appeal to the courts would be possible. Mediation is another way to resolve this type of conflict without going to court.

A person can also request financial compensation in the event that his or her partner has enriched himself on his back during the common life. For example, a man who built a business over several years while his wife took care of household chores was ordered to pay her $125,000.

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