Going through divorce can be a very stressful situation for the couples. Such couples have to consider a lot many things and factors related to the divorce case that may give them sleepless nights. They may have numerous queries that they want their lawyer to answer. Queries related to jewellery are the most crucial. What will happen to the jewellery after divorce? How to divide the jewellery in divorce settlement? Who will get the engagement and wedding rings?
If you are going through separation and divorce, you must also be thinking about these questions.
In reality, jewellery is frequently a roadblock to divorce settlement, especially if its worth is high in contrast to the amount of the couple’s total assets. The greater its worth relative to the other items, the more significant an impact the jewellery may make to the final settlement.
Fairness could call for paying attention to the jewellery. With the higher monetary value or even sentimental significance of the jewellery, it is crucial to consider it seriously.
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What is the law regarding jewellery in a divorce case?
A woman’s jewellery is considered to be hers in divorce settlement, whether it was purchased or given to her as a gift. But in case, it can be proven that it was explicitly meant to be given back to the giver in the case of divorce, then it has to be returned to the groom side.
The law has chang-ed but in the late 19th century, a wife was requir-ed to give back all of her jewellery, including the wedding and engagement rings, in the case that the marriage failed.
The Married Women’s Property Act of 1870 stated that if a husband has gifted his wife jewellery, it was only to be use-d for her decoration but the wife was not consider-ed its owner.
Since the Married Women’s Property Act 1882 replaced the earlier Act, women have been given preferential treatment under the law when it comes to the jewellery after a divorce.
Heirloom jewellery is consider-ed differently though. An engagement ring that has been handed down from generation to generation, for instance, might not be seen as an absolute gift. It needs to be given back if the wedding is called off and if there is a proof that it a heirloom jewellery piece.
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What about presents exchanged by the couple?
When a couple gets engage-d, they give presents to each other, such as watches, necklaces or other jewellery items apart from the engagement ring.
What follows if the wedding is cancelle-d?
The simple answer is that, similar to engagement rings. If an engaged couple gives gifts to each other as a symbol of their union. And if they were handed with the expressed or implied understanding that they ought to be returned if the marriage gets cancelled or ends up in a divorce. In such a case, the law will not protect either party from requesting the return of the presents.
Submitting the Form E
Any of the two parties can go to the Family Court for a financial order. If the divorcing couple is unable to settle their financial disagreements peacefully.
Divorcing couple is require-d to fill out the Form E. In which all financial details have to be declare-d, during a divorce case proceedings.
The Form E’s Section 2.8 explicitly addresses personal assets. This will have jewellery in addition to vehicles, antiques, furniture and other house items. All jewellery pieces must be list-ed, and a recent appraisal should be offer-ed.
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The Court will decide how the possessions that both the parties have should be divide-d to ensure a just and unbiased decision. The court will take into account the worth of the jewellery as part of its evaluation of the total worth of the assets possessed by both the parties. The greater the jewellery’s value relative to the other items up for division. The more probable it is that it will be taken into consideration.