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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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WEEK 14: Felicity’s Summer in Killarney

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WEEK 14
Felicity’s Summer in Killarney





Previously: Here on Dundag it was far easier to relax than anywhere else. They had a picnic blanket, some cold drinks and what felt like all the time in the world.

“I can’t believe I leave on Monday” Felicity said tiredly.

“Neither can I. This summer has flown. Tell me you have plans to come back sometime soon though? I don’t think Sheila and I can be as good of a mischief-making duo as me and you.”

Felicity had already spoken with her parents about her return to Killarney. “I’d like to come back for Halloween. Who knows, with my apprenticeship you may be seeing a lot more of me.”

Felicity glanced at Jack, who was looking far out over the lake. “That wouldn’t be so bad.” He paused. “There’s loads of things to do in Kerry around Halloween. There are countless events and festivals in the surrounding towns and parishes.”

“That would be nice. I love Halloween, it would be great to see how ye do it down here.” A few years ago she and her friends had run a school scare event in Dublin, for TYs and above only. It had been some of the best fun they’d had in school together.

“It’s going to be really strange not having you just around the corner anymore. I’ve gotten so used to showing up at Sheila’s and you being there.”

Knowing that her friends were going to miss her so much made Felicity’s chest twist. She knew that Auntie Sheila wasn’t looking forward to her leaving either. “At least I’ll be back soon. You’ll be seeing me off of the train before you can blink.”

“Yeah, I can’t wait.”

A few hours passed before Felicity and Jack returned to Hedgerow Place. Jack dropped her off at the door, promising to meet her at the bus station tomorrow to see her off. Felicity trudged towards the door morosely.

Auntie Sheila met her on the other side with a sad smile. “Hopefully you’ll be back soon poppet. I suppose for now you should probably pack.”

Felicity nodded and made her way upstairs. She entered the spare room , her room now, really. Auntie Sheila had offered her it permanently if she were to get her apprenticeship. That would be a dream come true, to live in Killarney and have something as exciting as an apprenticeship to work on.

Felicity packed slowly. She let herself daydream about what her life could look like, and how easy it would be to sink into it. Thoughts of coming back here, to a room that was fully hers circled around her head. Felicity looked around her room as she slowly progressed towards fitting her whole summer into just the two small suitcases and backpack that she had come to Killarney with.

It felt like her experiences were too big, too meaningful to pack away with her. Too much had happened this summer to pack it all away. The only solace, Felicity thought, was that she had to go so that she could come back again.

The Bus
Now she was standing once more at Killarney Bus Station, waiting to get the Expressway back to Cork before the next leg to Dublin. Auntie Sheila and Jack both stood nearby waiting to see her off.

Felicity had spent the last few days packing, reminiscing on her time in Killarney as if it were years ago, and had not started a mere three months previously. The adventures she’d had and the friends she made were all so different from what she knew in Dublin. It almost felt like going back to the city was going back to a different world, a different life.

“You have to stay in touch,” Jack said with a frown. “And I will hold you to your promise to come back at Halloween. We have to go to some of the Halloween events. I know it’s a trek down but it will be faster by train.”

Felicity didn’t know why her parents had booked her a bus down and back and not the train, but she was almost thankful for the extra travel time on the way back. It would take all of it and more to acclimatise back into her old life.

When the bus arrived, Jack helped her stow her luggage in the undercarriage. It was with a heavy heart and tearful eyes that she hugged them both goodbye. Felicity promised both to them and to herself that she would be back for Halloween, even if she didn’t get her apprenticeship, she would make the time around her college schedule to visit. God, she should have applied for college in Killarney. If only she had known what it was like when she was filling out her CAO.

Felicity trudged up the steps onto the bus. She hadn’t missed how cramped the seats were. The train would undoubtedly be the better option for her return.

She turned and waved at Jack and Auntie Sheila as the bus pulled out of its berth. She could see Auntie Sheila smiling up at her. Something her aunt had told her the night before swirled around in her head. “It doesn’t matter that you’re leaving now,” she had said, “because you’ve been to Killarney once, and now there will always be a home for you here.”

Summer in Killarney had been transformative, to say the least. The bus went around the Daly’s roundabout and travelled down the hill towards Cork. Felicity looked longingly at the turn to Woodlawn Road as they trundled by. Killarney, and Auntie Sheila’s little house on Hedgerow Place, had snuck its way into her heart. Felicity was going to miss it. She couldn’t wait to come back again.

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Frustration mounts over morning gridlock at Coolcorcoran

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Frustration mounts over morning gridlock at Coolcorcoran


Mounting traffic gridlock at the Coolcorcoran junction onto the N22 Killarney Bypass is causing daily delays for commuters, with local motorists calling on Killarney Municipal District and elected representatives to take immediate action.


Early morning traffic coming from the Tralee side has become severely backed up past BG Motors during the peak 8.15am commute.
Motorists attempting to enter the bypass from the Coolcorcoran side face long queues and increasing frustration as they struggle to join the main road.
Local drivers point to a specific design issue at the exit, where a raised kerb and a section of unused footpath prevent left-turning vehicles from merging smoothly into the traffic flow.
Road users are requesting a simple layout modification to resolve the bottleneck: converting the exit to left-turn only, removing the kerb obstruction, and directing driver traffic to loop via a U-turn at the Killarney Sports and Leisure Centre roundabout. Similar left-turn measures were previously implemented at the nearby Lewis Road junction to improve safety and traffic flow.
The request comes as broader plans for the N22 bypass upgrade and new link road infrastructure remain under progression by Kerry County Council and Transport Infrastructure Ireland.
Motorists wishing to share their views on local road issues can email info@killarneyadvertiser.ie.

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