(1)Subject to subsection (2), the court shall not make an order under section 33 or 42 by virtue of section 62(3)(e) unless there is produced to it evidence in writing of the existence of the agreement to marry.
(2)Subsection (1) does not apply if the court is satisfied that the agreement to marry was evidenced by—
(a)the gift of an engagement ring by one party to the agreement to the other in contemplation of their marriage, or
(b)a ceremony entered into by the parties in the presence of one or more other persons assembled for the purpose of witnessing the ceremony.