Family Solicitors

How do I get my jewellery back? – Addressing the safe return of a Bride’s Dowry upon separation following domestic abuse requires prompt legal assistance and a lawyer that understands.

“I got married and moved in with my husband and his family. Things did not work out as my husband and his family became very controlling, aggressive and began to hit me. I had no alternative but to flee after three months for my safety. I did not have a chance to collect all my belongings from the house, my husband and his family took all my wedding jewellery and gifts and refused to return them to me. I called the police, however, they stated that it was a civil matter and could not get involved…”

This quote from a client sounds like a miserable state of affairs, but one which most family Judges are reasonably familiar with now. There has been an increase in the number of cases before the English Courts on the issue of dowries and the return of gold jewellery. Given the value of gold in recent times it is more important that these assets are recognised and given due regard within divorce proceedings.

In England, as Asians’ standard of living has risen, together with the desire to excel in the community; the practice of dowry continues to prevail. So how does The UK deal with this practice? What, if any laws are there to protect the bride and her family for the return of the dowry on the break down of the marriage? The answer to this question is that there are currently no laws or provision specifically relating to this area. This is where family solicitors’ understanding of dowry is important, so that it can be encompassed as part of any financial negotiations at the initial stages of separation. It must be raised at the outset or as soon as practicable after separation or divorce proceedings to avoid dissipation of these assets.

A fair amount of Asian marriages in England are arranged in some way. Parents would often depend on the knowledge of their family and friends to search for the ideal partner. It is normally the middle person who plays a lead role in searching for the ideal partner. This middle person will be involved from the initial negotiations at the beginning through to all wedding preparations including what gifts are given at the certain ceremonies. These gifts include, but are not limited to gold bracelets, gold necklaces and rings, expensive garments, cash etc for both the groom and his family members. Prior to the actual religious wedding ceremony, there will be many pre-wedding functions. The maternal family give expensive fine clothes, accessories and gold jewellery. The bridegroom’s family are also aware of both their status and the importance of raising themselves in the community’s esteem. After the marriage, they will embellish their new daughter-in-law with jewellery to display their wealth. When the families meet for the first time after the religious ceremony the newly wedded couple will be adorned with further expensive garments and jewellery.

On the breakdown of the marriage, what happens to all these assets?

In deciding the English Courts consider a number of questions such as did a bride take dowry with her? What is the legal position in relation to the ownership of jewellery, clothes and/or money from the bride’s family and the bridegroom’s family? How does the bride get her jewellery back?

The legal burden will fall on the bride to prove that a dowry was given and exactly what items were given. There are various ways to illustrate this evidential burden for example by videos or photographs, available receipts. If the receipts have been lost, but photographs or videos are available an experienced jeweller’s opinion could be sought in order to determine the value.

It is a principle of English law that a gift must be considered by referring to the intention of the donor that there is no principle of law applicable to wedding presents that can become the joint present of the spouses. Even today in the UK, particularly amongst the Asian community, a father’s property still passes to his male heirs. One may therefore assume that the bride’s father might be motivated by traditional factors in providing a dowry. This goes to some levels in order to prove his intention and on this basis all property that the bride takes to her new home as part of the dowry should either be returned or made subject of a Lump Sum Order as belonging to her.

Normally a bride will leave the matrimonial home with very little of her dowry after the separation. Or that the gold jewellery has been stored away for safe keeping by the groom’s family and as such out of the control of the bride. It is imperative that negotiations are commenced at the early stages for their return. If this proves unfruitful, then the matter will need to be resolved within the matrimonial financial proceedings. Once the evidential burden is satisfied there are various recourses available. For example, if it is proved that a dowry existed and it is still in the husband’s possession, the Court can make an order for its transfer listing the items as per Section 24 of the Matrimonial Causes Act 1973. A Lump Sum Order as per Section 23 of the Matrimonial Causes Act 1973 would be more appropriate, if the Court was satisfied that the items have been disposed off by the husband. Alternatively, if a dispute relating to the jewellery arises after the conclusion of the financial proceedings, all is not lost since an application for the return can be made under s17 of the Married Women’s Property Act 1882. There is also provision under the Civil Procedure Rules to make a claim for the return. It may also be possible that before parties marry that a Pre Nuptial agreement be entered into so that all assets given by way dowry (if very significant) are accounted for.

So is it fair that the bride or her family should lose their money in this way? If the money had been invested into the matrimonial home and the interest registered against the property then on the sale they would receive their share. Unfortunately, this step is not normally taken for fear of offending the groom and his family or to have a reputation which could tarnish their family standing. However, should the bride’s family wash their hands off their life savings, because they fear the marriage may not take place or they may face mockery amongst their community if they protect their position?

We at Duncan Lewis, Family Department say NO. We appreciate and understand the cultural sensitivities which affect parties when divorce. We also recognise the seriousness of the issue and how it can be connected to matrimonial financial applications and also domestic abuse that many vulnerable women may suffer as a result of such practice. If you require advice please contact the Duncan Lewis Family Department on 0207 923 4020 or by email at: familydept@duncanlewis.com quoting reference “AVB1”.

Author – Savita Sharma is a Director and Solicitor at Legal 500 and Chambers UK Law Firm, Duncan Lewis.