Monthly Archives: June 2018

What Happens To Your Jewellery During A Divorce

If you are considering a divorce, you may be wondering what will happen to your jewellery. This is generally something that most people do not view as a top priority, but it is something that you need to look into. In the UK, this is a rather long-contested issue and dates back to the Married Women’s Property Act from the 1870s.

Whose Property Is The Jewellery?

To determine what happens to your jewellery in a divorce, you need to establish ownership. In the last, under the Married Women’s Property Act, the law stated that any gift from husband to wife would remain the property of the husband. This means that the woman would not have ownership of the jewellery and it would be the property of the husband after the divorce.

This act has since been abolished, and the ownership rights are now different. Any jewellery that is considered a gift during the marriage including engagement rings and wedding rings are the property of the recipient. There are few occasions when contesting ownership can occur. The first circumstance will be when there is evidence that the recipient would return the gift.

The law of 1970 has reinforced this circumstance. This law indicates that an engagement ring is seen as a gift unless there is a clear indication that the ring would be returned at some point. This will most likely be the case if the ring is a family heirloom.

How To Determine If The Jewellery Is An Heirloom

Defining something as an heirloom is a contentious issue because the definition of this is not completely clear. If the jewellery that you want to retain during a divorce could be considered an heirloom, you will have to provide proof of this. The proof could be a traced history of ownership which shows that it was in your family for many years or evidence that it was given to you by a family member.

To prove the latter, you can get a note from the relative who provided the heirloom. The letter will have to state how the heirloom came to be in your possession during your marriage.

If you have an heirloom that you are going to provide to your spouse, you need to protect it as much as possible. A prenuptial agreement will help you with this, or you could have a post-nuptial agreement if the heirloom is provided to your spouse after the marriage ceremony.

The Value Of The Jewellery

If you were married in community of property, the value of the jewellery would be taken into account. This can make the divorce more contentious, particularly if the jewellery amounts to a significant proportion of the assets you have. In these cases, the assets will need to be split equally, and this could result in one party getting the jewellery and little else.

Jewellery can make a divorce settlement negotiation difficult especially if the jewellery has high value. If the jewellery was provided as a gift during the marriage, the recipient would generally retain ownership. However, if it was bought jointly, it will be treated in the same way as other marital property.

In this situation, you need to take some pieces of advice from an Expert lawyer that can help you with Property Settlement.

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