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How can I get my wedding photos back?

 
Law Denning's Avatar
  • Answered by:Law Denning
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Customer Question

How can I get my wedding photos back?

 

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Province/Country relating to question : UK

Already Tried:
Txt's and letter to her solictor

Submitted: 361 days and 18 hours ago.
Category: UK Family Law
Value: £11
Status: CLOSED
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Expert:  jomo1972 replied 361 days and 18 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

-Could you explain your situation a little more?

Customer replied 361 days and 18 hours ago.

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

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Expert:  Law Denning replied 361 days and 17 hours ago.

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.

Customer replied 361 days and 17 hours ago.

Does wedding photos not count as personal items or household items?

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Expert:  Law Denning replied 361 days and 16 hours ago.

On what basis do you think that you have more entitlement ot them than your ex?

LD

Law Denning41032.4896180556

Customer replied 361 days and 15 hours ago.

Because I put value to being married and she is the one with no honour. Why should I lose my wedding photos to her?

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Expert:  Law Denning replied 361 days and 15 hours ago.

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.

LD

 

Customer replied 361 days and 15 hours ago.

Can I still apply for a split of matrimonial assets even if the divorce papers were completed back in March 2010?

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Expert:  Law Denning replied 361 days and 15 hours ago.

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

Customer replied 361 days and 15 hours ago.

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).

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Expert:  Law Denning replied 361 days and 15 hours ago.

There isnta magic solutiion to your problem if she doesnt want to give them to you. Sorry.

Customer replied 361 days and 15 hours ago.

How do I apply to a court then by myself

Accepted Answer

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Expert:  Law Denning replied 361 days and 14 hours ago.

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

LD

Expert TypeSolicitor
Category: UK Family Law
Pos. Feedback: 96.8 %
Accepts: 1402
Answered: 5/3/2012

Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

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