Separated before the wedding — the ex may compensate for the cost of the dress, restaurant, and decor: what the law says

Preparation for a wedding often begins several months before the ceremony itself: booking a restaurant, the bride and groom ordering decorations, buying a dress and suit, paying for photographers and hosts. However, even after submitting an application to the Civil Registry Office, neither of the engaged is obliged to enter into marriage. At the same time, refusal to marry may have financial consequences.

The law provides that in certain cases, the person who canceled the wedding must compensate for the expenses of preparing for it, as well as return gifts made in connection with the upcoming marriage.

Refusal to marry is not a violation of the law

Ukrainian legislation establishes that marriage is based solely on the voluntary consent of a woman and a man. Forcing someone to marry is a criminal offense and may be punishable by restriction or imprisonment for up to three years.

Therefore, the engaged have the right to refuse to register the marriage at any time — both before and after submitting the application to the civil registration authority.

When the obligation to compensate wedding expenses arises

If one of the engaged changes their mind before submitting the application to the Civil Registry Office, such refusal has no legal consequences.

However, after submitting the application, the situation changes. In case of refusal to marry, the person may be obliged to reimburse the other engaged for expenses incurred in preparing for the wedding ceremony.

Reimbursement must cover only those expenses directly related to wedding preparation and that cannot be used later in everyday life. This includes, in particular, expenses for the wedding dress, decorations, banquet hall rental, organizer services, and other similar costs.

What happens to gifts given before the wedding

The law separately regulates the issue of gifts made in connection with the upcoming marriage.

A person who gave property on the occasion of the upcoming marriage has the right to demand its return if the marriage was not registered. For this, the gift agreement can be terminated through the court.

If the gift has already been lost, the person who received it may be obliged to compensate its value.

How to recover funds for a canceled wedding

Before going to court, it is recommended to try to resolve the dispute out of court.

To do this, a written claim must be sent to the person who refused the marriage, indicating the amount of expenses, payment details for the refund, and the deadline for fulfilling the demand. It is advisable to attach documents confirming the incurred expenses: receipts, invoices, contracts, and other supporting documents.

If they refuse to voluntarily compensate the expenses, you can apply to the court at the defendant's place of residence. The claim should include a certificate from the Civil Registry Office and documents confirming the actual wedding preparation expenses.

Filing such a claim requires paying a court fee of 1% of the claim amount, i.e., the sum the claimant requests to recover.

Cases when compensation is not required

The law provides exceptions when the person who refused the marriage does not have to reimburse the wedding preparation expenses.

Such exemption is possible if the decision to refuse was caused by unlawful or immoral behavior of the other engaged.

Compensation is also not charged if important circumstances that could have influenced the decision to marry were hidden before the wedding. Among such circumstances, the law names serious illness, having a child, criminal record, or other significant facts that the future husband or wife did not disclose in advance.

Thus, although the law guarantees everyone the right to freely refuse marriage, after submitting the application to the Civil Registry Office, such a decision may have financial consequences. In case of unjustified cancellation of the wedding, the person will have to compensate the incurred expenses and, if necessary, return gifts related to the upcoming marriage.

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