When Love Meets the Law
Since 1982, Prins & Prins Diamonds has designed and crafted engagement rings in Cape Town for thousands of couples, both local and international. Each ring tells a story of promise, devotion, and shared hope for the future.
Yet, as life sometimes unfolds differently than expected, not every engagement ends in marriage. Over the years, we have seen occasions where a relationship ends and the engagement ring is returned or bought back. These moments often raise a sensitive question: what are the legal consequences of breaking off an engagement in South Africa?
Engagements as a Legal Contract
Contrary to popular belief, an engagement is not merely a social promise. Under South African common law, it is recognised as a contract sui generis — a unique form of agreement that carries specific rights and obligations.
If one party refuses to marry or unduly delays the wedding, this may constitute a breach of promise. The law therefore allows certain remedies, depending on whether the termination was lawful or unlawful.
Unlawful Termination and Breach of Promise
Ending an engagement without just cause is considered unlawful termination. In such cases, the innocent party may claim damages under contract law and satisfaction (a form of moral damages) under the law of delict.
Contractual Damages
A claim for real damages covers reasonable expenses incurred in preparation for marriage — such as venue deposits, catering, or travel arrangements.
Prospective Loss (Now Limited)
Historically, claims for prospective loss — future financial benefit that might have arisen from the marriage — were occasionally recognised. However, this approach has evolved significantly in modern law.
Recent Legal Developments
South African courts have reconsidered the traditional concept of breach of promise. In landmark cases such as Van Jaarsveld v Bridges 2010 and Cloete v Maritz 2013, the courts found that engagements should no longer carry punitive financial consequences when they end.
In Cloete v Maritz, the court ruled that claims for prospective loss are no longer permissible, emphasising that an engagement should be viewed as a period of discovery — a time to decide whether marriage is truly the right step, rather than a binding contract with financial penalties.
What This Means for Couples
Today, South African law takes a more compassionate, modern view of engagements. While financial damages may still apply where genuine loss has been suffered, the courts no longer treat a broken engagement as a breach warranting large speculative awards.
For most couples, the question becomes emotional rather than legal — what to do with the engagement ring itself. Traditionally, if the party who received the ring ends the engagement without good reason, they may be expected to return it. However, every situation is unique, and outcomes depend on intent, circumstances, and fairness.
When the Promise Fades but the Symbol Endures
At Prins & Prins, we understand that while relationships may change, the symbolism of the diamond ring remains powerful. Whether it is returned, repurposed, or sold back to the jeweller, its emotional and material worth endures as a reminder of sincerity once shared.
Our jewellery designers in Cape Town can help redesign or repurpose your engagement ring into a new piece that carries forward its story with grace.
If you have questions about the value, resale, or redesign of your ring, our experts are available to assist. Contact Prins & Prins for confidential advice and professional guidance.
