Legal Definitions - prenuptial gift

A prenuptial gift is an item of value, such as money, property, or a significant possession, given by one person to another, or by a third party (like a parent) to one or both prospective spouses, in contemplation of their upcoming marriage. The defining characteristic is that the gift is made with the clear expectation and understanding that the marriage will take place. If the marriage does not occur, the legal status and recoverability of such a gift can become complex, especially for significant items like engagement rings.

Here are some examples illustrating a prenuptial gift:

• Example 1: When Mark proposed to Lisa, he presented her with a diamond engagement ring. This ring is a significant item of value given directly by Mark to Lisa with the explicit understanding and expectation that they would marry. Should the marriage not proceed, the legal status of the ring as a prenuptial gift would be relevant in determining its ownership.

  Explanation: The engagement ring is a classic example of a prenuptial gift because it is given by one prospective spouse to another specifically in anticipation of their marriage.

• Example 2: Sarah's parents decided to help her and her fiancé, Ben, start their married life by giving them a substantial sum of money to cover the down payment on a house they planned to purchase together after their wedding. The check was presented to both Sarah and Ben a month before their scheduled wedding date.

  Explanation: This financial contribution from Sarah's parents to both prospective spouses is a prenuptial gift because it was given specifically to facilitate their life together as a married couple, with the clear expectation that the marriage would occur shortly thereafter.

• Example 3: Prior to their wedding, David's grandmother gifted him a valuable antique watch that had belonged to his grandfather, telling him it was a special heirloom for him to wear on his wedding day and keep as a symbol of his new family. She made it clear it was a gift for his marriage.

  Explanation: The antique watch is a prenuptial gift because it was given by a third party (David's grandmother) to a prospective spouse (David) specifically in anticipation of his upcoming marriage and to mark the occasion of his new marital status.