Short Asian Marriage - Husband took my jewellery

I was hoping someone could help me. I got married over a year ago and moved in with my husband and his family. Things didn't work out as my husband and his family became very oppressive. I left after 3 months. After leaving, before i had a chance to collect all my belongings from the house, my husband and his family took all of my wedding jewellery and refused to return it to me.

I called the police however they stated that it was a civil matter and couldn't get involved, I had no choice but to go down the route of ancillary relief proceedings in my divorce.

I am acting in person and have filed my form E.... and have a first appointment date. Husband hasn't been clear whether he's represented or acting in person. He handed in his form e a month late and hasn't exchanged with me.

How do i get my jewellery back and address the judge on this issue.... it seems ridiculous going down the path of form e's etc... it was an extremely short marriage... we had no assets... and all wedding gifts were individual... he was given separate gifts and i was given separate gifts... needless to say he has retained all of his gifts and therefore has no right to my jewellery.

Please Help


Thanks

This sounds a miserable state of affairs, but one which most judges will be reasonably familiar with, especially courts in areas with a large Indian population (e.g. Brentford, Slough, Staines).

The first point is this: for the First Appointment to be effective, Forms E need to have been exchanged. Once you have received a copy of your husband's Form E, you need to prepare the following documents: a chronology, statement of issues and questionnaire.

The second point: jewellery is often a difficult area for judges - especially if both parties assert they don't have it. I'd suggest at First Appointment you seek a direction that both parties file affidavits - so you can set out your case in detail.

You need to assemble all the evidence you have - receipts of when it was purchased; photos from when you were wearing it; confirmation from the police of when you called, etc.

Good luck



AC

thank you for this advice. my first appt is on monday and i was told by the court only yesterday that he filed his form e... he hasnt made any attempts to exchange so i think ill just have to bear the wrath of the judge and explain why there's been no exchange because that is down to him. I'll take the file and have everything else prepared.

My partner's stbx is Egyptian and when they got married he HAD to buy her wedding jewellry too totaling almost €20,000.... She did not include this on her form E... when they went to court, the judge ordered her to get a valuation and the jewellry has to be put into the pot and split whether that be jewellry or money to the value of.

Miss Anon. As the case in Asian wedding sometimes some the jewellry was originally the mother of the bride, do you have photographs with the same jewellery that your mother wore previously? At times in Asian wedding the bride may enter the ceremony with the jewellery presented to her by her own family and during the ceremony she is presented by jewellery by her future in-laws/husband family thus showing jewellery from two sides. You may have photographs or videos with the jewellery dowry given to you by your family prior to the wedding you could use that as photographic evidence. Or receipts when the jewellery was purchase by your parents! Surely if it is ‘gifted’ by the husband family to the bride they cannot make a claim on it……… can they?

Good luck Miss Anon
Cisco

Hi cisco It does not matter that it is a gift. this is what the judge at my partners first hearing said, it is all part of the financial pot. This also affects Legal aid if someone is going to claim and the jewellery is worth over €8,000 it has to be declared. which then knocks you out of entitlement as it is classed as an asset.

The jewellery that was given to me was from his family. Luckily i got the jewellery that my mother had given me back... (after a lot of hassle with my mum calling my mother in law demanding she returns it.

The jewellery that they have retained is all items that were given by his family. However for every GIFT i was given, my husband was also given gifts of the same value from my family. I wasnt given the choice to the gifts that i received, however my husband had specified exactly what gifts he wanted from my family and they were all items of depreciating value such as cameras etc. He has retained all of his gifts and did offer to return the gifts he had received. However why would I want a 2 yr old out of date camera, which he has had quiet enjoyment of since the date of the marriage, compared to the jewellery which I entrusted my mother in law to look after prior to going on my honeymoon... and then never ever saw again.

I had written a letter to the husband's solicitors stating that if he didnt want to return the jewellery then to give me a cash lumpsum 4 months ago, however he refused to do so and for that reason i have now specifically stated in my form e that a valuation is done of the jewellery as it must now be worth double what it was 2 yrs ago.

im just a little concerned about representing myself at ct in relation to this and addressing the judge directly.