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How can I get my wedding photos back?
Optional Information: Province/Country relating to question : UK Already Tried: Txt's and letter to her solictor
HiThank you for your question and welcome to Just Answer. I will try to help with this.-Could you explain your situation a little more?
Hi,yes I got divorced in 2010 and agreed not to take anything from the house (apart from my personal items). But I've been trying to get them back the past 8 months. I didn't choose to get divorced and want them.Thanks
Were they one of the items specified in the divorce?
Please give me as much detail as possible.
I need a bit more information please. I am going off line shortly and will be on and off all day (experts on here are also practising lawyers) but will be back later (on and off) today when I will deal further once I have your reply.
Does wedding photos not count as personal items or household items?
On what basis do you think that you have more entitlement ot them than your ex?
LD
Because I put value to being married and she is the one with no honour. Why should I lose my wedding photos to her?
I am afraid that isnt a legal reason. The law doesnt apportion blame in divorce matters.
She has as much right to the photos as you do. If you want them back and she wont give them to you, you need to include them as part of the application for an order in respect of the split of matrimonial assets.
Can I still apply for a split of matrimonial assets even if the divorce papers were completed back in March 2010?
You should get the split of assets sealed into a court order in any event to provide certainty. However if there is going to be an argument over wedding photos, it could cost several thousand pounds to get it to court.
How much do you want to risk?
Do you have a solicitor?
Thanks
I didn't get a solicitor as I didn't want to get divorced in the first place. So basically I've lost them (as well as my children and home).
There isnta magic solutiion to your problem if she doesnt want to give them to you. Sorry.
How do I apply to a court then by myself
You might try mediation first http://www.familymediationhelpline.co.uk/find-service.php
If she wont agree, then a court application cost £210 plus you need to draft the order you are asking for and submit it to court. At this stage you must tell her solicitor that if she wont voluntarily give you the photos you will make an application to court BUT unless there is some compelling reason why you should have them instead of her, the court will leave them where they are. You havent given any reason so far that would sway a judge.
Please dont forget to press the accept button. Thanks
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice