Hi there. In Australia, under the Marriage Act 1961 (Cth), a person is not allowed to sue their fiancé or fiancée for compensation simply because they failed to perform a promise, undertaking or engagement to get married. In other words, you cannot sue your fiancé simply because the engagement has been called off.

However, it is still possible for one party to commence legal proceedings to recover any gifts they have given to the other person in contemplation of marriage. For example, it may be possible for one person to recover an engagement ring (or the value of the ring), if the other party has broken or breached the promise to get married. If you gave your fiancé valuable gifts during your engagement, you may be able to recover all or part of the value of those gifts. A lot will depend on the circumstances in which the gifts were given and how and where the relationship ended.

If you believe your fiancé intended to defraud you of your property (including money) by deceitful means, he may have committed the offence of fraud. Crimes are prosecuted by police, so you will need to report the matter to your local police station for investigation. Note that it may be very difficult to prove your fiancé committed fraud without clear evidence of his fraudulent intention at the time of taking your property.

Lastly, you and your fiancé are likely to have been in a de facto relationship because your relationship lasted for more than 2 years. Whether you are in a ‘de facto’ relationship in the eyes of the law will also depend on whether you lived together, whether a sexual relationship existed, the degree of dependence on one another, any agreements for financial support, the shared ownership or use of property, the degree of commitment to a life together, and public aspects of your relationship.

When a de facto couple separates, the parties will ordinarily need to divide up their assets. The parties are free to reach an agreement on how their assets will be divided between them. If the parties can reach an agreement, there is no need to go to court. However, the parties can apply to court if they want to make the agreement binding, or if the parties disagree on how to divide their property.

Suggested way forward

Suing your fiancé for compensation may be possible, but it would require the expert assistance of a lawyer. Speaking to a family lawyer will help you understand your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services