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KNOW YOUR RIGHTS: Legal implications of a broken engagement

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Most couples get engaged before they get married. If the engagement is called off and there is a dispute between the couple over property or finances, the Family Law Act 1981 allows them to take legal action against each other.

The Act also allows an involved third party (such as a family member) to take legal action. Before the Family Law Act 1981 came into effect, an engagement was considered a legally binding contract. This meant that, if the engagement was broken without lawful justification, the person responsible could be sued for damages for breach of promise. Since the 1981 Act, you cannot take legal action for breach of promise following a broken engagement. These rules relate to engaged couples. Cohabitation (living together) does not necessarily mean that a couple is engaged to marry.

What happens to gifts which have been exchanged between the engaged couple?

When two people who are engaged give gifts (including an engagement ring) to each other, there is a presumption that the gifts will be returned (if requested), should the engagement end. However, if the giver dies, it is presumed any gifts were given without any conditions. In this case, the surviving fiancé(e) can keep the gifts. You can contest either of these presumptions in court if there is evidence to the contrary. These presumptions only apply to gifts given during the engagement. They do not apply to gifts given before or after the engagement.

What happens to gifts from a third party?

If someone gives an engaged couple (or one of the couple) a wedding gift, it is presumed that the couple are joint owners. This can be contested if there is evidence to the contrary. It is also presumed that the gift will be returned (if requested), should the engagement end and the marriage does not take place for any reason. This includes the death of one of the engaged couple. If a third party gives a substantial benefit (not a wedding gift) to one of the couple as a result of the engagement, the third party can take legal action if the engagement ends. For example, if a relative carries out or pays for substantial work to improve a property which the couple had intended to use as their family home, the relative can apply to the courts for compensation.

Can somebody claim compensation for wedding preparation expenses if the wedding is cancelled?

Where an engagement has ended and one of the couple has incurred substantial expenses in preparation for the marriage (and has not benefited from the expenses), that person may apply to the courts for compensation from their ex-fiancé(e). Examples of expenses might include:

Booking the wedding reception
Booking the honeymoon
Hiring a photographer or videographer

A third party (for example, a family member or friend) who incurs expenditure on behalf of one of the couple in preparation for the marriage and has not benefited, may also apply to the courts for compensation.

What are the property rights of engaged couples when the engagement ends?

When a couple (whose engagement has ended) disagrees about the division of property, it is treated in the same way as disputes between a married couple who are separating or divorcing. This only applies to property in which either or both of them had a beneficial interest while they were engaged. It does not apply to property acquired after the engagement ended.

What are the options for legal action?

If your engagement has ended and you want to take legal action, you must do so within three years. Such cases are usually heard in the Circuit Court. However, if very valuable property is involved, you may ask that it be heard in the High Court.

Legal actions in relation to substantial, non-wedding gifts from a third party (or wedding preparation expenses), can be brought in the District Court if the amount sought is under €15,000.

Legal advice should be sought before taking any legal action.

For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.

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Funding Imminent for Fitzgerald Stadium Development

The long-awaited development of Fitzgerald Stadium is set to take a major step forward, with an announcement on further funding expected imminently, according to Kerry Fianna Fáil TD Michael Cahill. […]

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The long-awaited development of Fitzgerald Stadium is set to take a major step forward, with an announcement on further funding expected imminently, according to Kerry Fianna Fáil TD Michael Cahill.

Deputy Cahill said the project must not be allowed to stall, urging that momentum be maintained as it moves into its next phase.
“The proposed development of Fitzgerald Stadium in Killarney needs to be moved on now and not allowed to fall behind in its planned progression,” he stated, adding that he is confident of a positive funding decision soon.
Cahill has raised the Fitzgerald Stadium Development Plan in Dáil Éireann with several senior government figures, including An Taoiseach Micheál Martin and the Minister for Justice, Jim O’Callaghan.
“They are well versed in the detail of it, and I feel that we are going to get a positive announcement shortly on further funding for this crucial project for Kerry,” he said.
The proposed upgrades to the iconic stadium are seen as a key development not only for Killarney, but for the entire county. The venue would be able to host major sporting events and large-scale entertainment such as concerts featuring world-renowned performers.
“Kerry as a whole will benefit from having such a facility in Killarney,” said Cahill. “Hospitality providers of all hues and in all parts of Kerry will gain additional business when the Fitzgerald Stadium Development is completed.”
He also praised the application submitted by the Kerry County Board, calling it “fantastic” and deserving of support. “This will be a massive boost for Killarney and the entire county, will significantly increase footfall and will be great for the local economy. I believe that Fitzgerald Stadium will secure major funding under the IIP scheme in the very near future,” he said.

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Housing Crisis: Killarney Then and Now

A striking photograph from 1967, provided to the Killarney Advertiser by former town mayor Sean Grady, reveals a protest outside Killarney Town Hall. The demonstration, held by the people of […]

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A striking photograph from 1967, provided to the Killarney Advertiser by former town mayor Sean Grady, reveals a protest outside Killarney Town Hall.

The demonstration, held by the people of the town, highlighted the very same issue being debated by elected officials this month: the lack of affordable housing in the town.

At the recent Killarney Municipal District meeting, the topic of affordable housing once again took centre stage.

Councillor John O’Donoghue of the Kerry Independent Alliance voiced his concerns, stating that to buy a house in Killarney, one seemingly needs to be either a millionaire or eligible for social housing, leaving those in the middle struggling.

He called on the local authority to provide an update on plans for affordable housing in the area.

Elected members echoed these sentiments, telling the council that young workers are increasingly priced out of the Kerry housing market.

Councillor O’Donoghue stressed that affordable housing must be a priority for the council moving forward. He described the situation where working young couples, earning too much for social housing but not enough to afford market prices, as a sign of a broken national housing system.

In response, Kerry County Council stated they are collaborating with Approved Housing Bodies (AHBs) and developers to meet targets set out in the ‘Housing for All’ policy.

They also mentioned a proposed Government Starter Home Programme.

Independent councillor Brendan Cronin questioned why towns in Cork have completed affordable housing schemes while Killarney has none.

He pointed out the significant number of people in Kerry working hard who cannot afford homes and are forced to live with their parents due to exorbitant rents.

Fianna Fáil councillor Niall Kelleher supported the motions, noting the existence of a successful affordable housing scheme in Boherbue, just across the county border, while in Kerry, professionals like doctors and teachers struggle to afford homes.

Councillor Cronin further illustrated the disparity by stating that a new three-bedroom house in Killarney can cost around €550,000, compared to approximately €300,000 for a similar property in some Cork towns.

The council responded by arguing that comparing Killarney to towns like Macroom or Mallow is not a fair comparison due to differences in land, building, and development costs. However,

Councillor Cronin countered this, questioning if building materials were indeed more expensive in Kerry than in Cork. He urged Kerry County Council to utilise the land it already possesses to develop affordable housing, emphasizing the need to move from planning to actual construction.

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