UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

I've got an issue with trying to retrieve some personal

Customer Question
Hi good morning I've...

Hi good morning I've got an issue with trying to retrieve some personal items many years after divorce

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ahh sorry thought you were in the UK!

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but I was'nt able to find a way to retrieve my possessions

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The possessions are not financial assets they're items of emotional/sentimental value - photographs and videos

Submitted: 3 months ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 3 hours by:
11/14/2017
Solicitor: Clare, Solicitor replied 3 months ago
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,874
Experience: family solictor with 25 years experience
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why was this not dealt with at the time of the divorce?

Ask Your Own UK Law Question
Customer reply replied 3 months ago
That's a very good question, we agreed out of court on all the financial assets such as the house, car etc... I was told I should sort out other personal possessions myself. I was never clearly advised as to how to deal with non financial assets. Over the years I've been 'given' items of furniture and I've had no say in what has been returned to me. My ex wife has returned photographs taken before our relationship but no photographs or videos have been returned or shared out which were taken during our 14 year relationship.There does not appear to be any dispute as to whether such items such be returned, it just never happens. I've looked at emails from 2014 with responses saying 'I've just not got around to it'. More recently I offered to take a copy of the original photographs and videos and return them. My ex wife refuses to communicate in any way preferring occasionally to talk to my daughter about my requests often with confusing results. I was led to believe many months ago that something might happen but the issue lapses and I end up in the same place.I was divorced in 2010, the most distressing aspect of this is that I'm a very keen photographer and took lots of photos and videos of my daughter. As of today I do not possess any photographs of my daughter as a baby or any photos of her up to seven years old.I appear powerless even to obtain a copy of what are actually my personal possessions.
Solicitor: Clare, Solicitor replied 3 months ago

What does the Order that you agreed to say about the contents of the home?

Ask Your Own UK Law Question
Customer reply replied 3 months ago
I will have to check and come back to you.
Solicitor: Clare, Solicitor replied 3 months ago

That is fine

Ask Your Own UK Law Question
Customer reply replied 3 months ago
Hi Clare,
I've been through the divorce paperwork and there is no mention of personal possessions. All I have is a letter covering financial matters.The letter has six points three covering the house, child support and current account overdraft.Points 4,5 and 6 are not so clear to me but all appear financial:-4. Capital, income and clean break
5. Clean break on death
6. No order as to costsAs I remember I raised the question about personal possessions and was told to sort that out separately. It looks like I have whatever is the agreed way of sharing out possessions. In my case there was no concept of sharing or being involved in the decisions about obtaining personal possessions. I was 'given' unwanted possessions and in the case of photographs I was given photographs that pre-dated our relationship. Over the years I've asked for and received items like tools mainly from her partner.The items I've been given are:-Wardrobe, display cabinet, small table and TV corner unitItems I've asked for and received:-PS4
Tools
Photographs ( received photos pre-dating our relationship)The sad reality is I don't have photographs of my daughter as a baby or up to seven years old and I don't have any videos either. I've always been led to believe that this issue will be resolved in good faith but it hasn't and never will as far as I can see.Please can you advise whether there is anything that can be done?.
Solicitor: Clare, Solicitor replied 3 months ago

When you say letter - do you mean an order sealed by the court?

Ask Your Own UK Law Question
Customer reply replied 3 months ago
Hi Clare,
I'm attaching the consent order for you to review. I fear the order prevents any claim on property or assets other than what is stated in the order. Its very disappointing to find out that I've not had a say in the sharing out of personal belongings and that this wasn't covered in the order.I await your thoughts most notably as to whether personal belongings are considered property or assets?.
Solicitor: Clare, Solicitor replied 3 months ago

Apart from the photographs what have you asked for but not been given?

Ask Your Own UK Law Question
Customer reply replied 3 months ago
Hi Clare,
I've asked for many items which have not been provided. A summary of what happened is as follows. At the end of 2010 the divorce finalised. I was initially homeless and then lived in a flat until May 2013. In the period from Oct 2010 to May 2013 nothing much happened regarding belongings. There was a general agreement and understanding that when I moved into a new home we would agree on and share out belongings.In early 2013, just before I moved into a new home a conversation started regarding sharing out belongings. At the time I owned nothing you would need to move into a new home with, no furniture, not even a kettle!. It was for this reason I asked on a room by room, area by area basis to share out belongings. It soon became evident that certain areas would not be considered and requests to share were ignored. I asked to share out garden equipment and furniture, I asked to share out kitchen equipment and things like soft furnishings for e.g. none of which were shared. In this conversation (as has been the case over the last seven years) I was initially led to believe she would share out photographs and videos.At that point a familiar thing happened, the conversation ended and I was left in the situation of being 'told' what can be shared. I specifically asked at the time for a share of the photographs which included Tianna my daughter. Some time later some photographs were returned however it was clear they were censored. The pictures pre-dated our relationship and there were no photographs or videos which included Tianna.In recent months I was still led to believe something would happen but as usual the moment passes as it has done for many years. Myself I've found this a desperate and difficult situation and it has caused years of stress and disappointment. It continues to do so.Looking at the order, it doesn't cover belongings or provide any guidance or rules as to how they should be shared out. It appears financial.I await your response in the hope anything can be done.
Solicitor: Clare, Solicitor replied 3 months ago

How old is your daughter now?

Ask Your Own UK Law Question
Customer reply replied 2 months ago
Hi Clare, Sorry I missed your response. Tianna is 14 now and was 7 at the time of the divorce in 2010. I was hoping to obtain some share of the photos/media for the seven years before her birth and 7 years after. The first seven years of her life are the ones that are difficult to live without.
Solicitor: Clare, Solicitor replied 2 months ago

Did you say that your ex's new partner is easier to deal with?

Ask Your Own UK Law Question
Customer reply replied 2 months ago
Hi Clare, In the past around 2013 I did ask him for tools etc... and he did oblige without asking my ex wife. Its difficult to say what either of them are like now as I have no means of communicating with either of them other than turning up on their door. They do live in the next street btw. In the last two years my ex wife has taken to ignoring any messages or attempts to strike up a dialogue, its a total black out. I've never got angry over this or hassled her choosing to keep asking every now and again.
Solicitor: Clare, Solicitor replied 2 months ago

I am sorry but there is simply no basis on which you can go to court now to recover any of the belongings.

Had you taken action immediately after the Order was made then it would have been possible to salvage something - but at this late stage you are entirely reliant on the goodwill of either your ex or her partner.

The only other possibility - an option others have followed - is to wait until your daughter is older and ask her to bring them so that you can get them copied - or even to scan them

I am sorry - i was looking for a work around but sadly I cannot see one

Ask Your Own UK Law Question
Customer reply replied 2 months ago
Hi Clare, thank you for your efforts. Its a very sad state of affairs , I wish I had been advised at the time as to how to deal with this. Thanks again and Happy Christmas.
Solicitor: Clare, Solicitor replied 2 months ago

Thank you - and I am so sorry - it is indeed a sadness that such situations arise

Ask Your Own UK Law Question
Was this answer helpful?
Ask Clare Your Own Question
Clare
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34,874
34,874 Satisfied Customers
Experience: family solictor with 25 years experience

Clare is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

34,874 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
We are in the same predicament as this, do you know how I
Hi, we are in the same predicament as this, do you know how I can apply for paying in instalments?… read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
For Jomo1972. Could you please let me know how to proceed in
For Jomo1972. Could you please let me know how to proceed in applying for a lawsuit under Defamation Law? We sent legal letter to the 'defendant', he has removed from Google the review although she ju… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,328 satisfied customers
What actions can be taken against directors of a company if
What actions can be taken against directors of a company if they have persistently lied to shareholders, have committed accounting fraud and are putting the company at risk of insolvency with their re… read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
I invested a lot of money in utoken, it has changed platform
I invested a lot of money in utoken, it has changed platform twice and now is called BNSsytem, current portfolio has been locked up for nearly 3 years, I have no clue what is going on, or how to get m… read more
Jamie-Law
Jamie-Law
5,602 satisfied customers
My daughter is in University and she's facing a plagiarism
My daughter is in University and she's facing a plagiarism accusation … read more
Jamie-Law
Jamie-Law
5,602 satisfied customers
Hy. Uk. I got an email. From Credit Resolution Services
hy JA: Are you in the UK or are you in the States? Customer: uk JA: What action has been taken so far? What's your ideal outcome? Customer: i got an email JA: Anything else you want the lawyer to know… read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
I received a General Form of Judgement or Order and it just
I received a General Form of Judgement or Order and it just says 1) The matter is stayed to allow the parties to proceed with the protocol through the stage 2 process; 2) The claimant to advise the court when this is completed. What does that mean? … read more
Jamie-Law
Jamie-Law
5,602 satisfied customers
I have a question about access to my electric meter and
Hi, I have a question about access to my electric meter and stop cock … read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
Do I have the right to move back into my former Matrimonial
Do I have the right to move back into my former Matrimonial Home please? We are now Divorced having recently received our Decree Absolute, and we own the property 50/50 as Tenants in Common and as Joi… read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
I am looking for advice on a civil litigation matter. We
I am looking for advice on a civil litigation matter. We commenced proceedings against a Defendant for the recovery of a debt but it was settled between the parties prior to filing directions in the county court. The settlement was recorded in an agreement between the parties whereby the Defendant was obliged under the terms of the settlement agreement to pay back the debt in 26 weekly instalments. The Defendant paid two of these instalments but has failed to make any further payments since December 2017. I am wondering what is the best way to proceed with this - should we commence new proceedings for breach of contract (i.e. their breach of the settlement agreement) or should we issue threaten a petition to wind the company up? … read more
Jamie-Law
Jamie-Law
5,602 satisfied customers
How does this service work? How much do I pay? by the way.
It is not employment law. It is a question on fraud … read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
Is this a UK or US law site? UK. My mother was informed
My mother was informed retroactively that her commission structure has changed … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I had a non trading Ltd company, dormant. My mother was
I had a non trading Ltd company, dormant. My mother was company secretary. I was taken to cbut the forms were sent to a old address, default judgment was entered. The claimant then had a vary and name… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,777 satisfied customers
I'm a Steward of a club, I've been informed I should not be
Hello, I'm a Steward of a club, I've been informed I should not be paying rent under ciu law for accommodation. I have been paying this for 11yrs now, it shows on bank satatements as rent and accounts… read more
Jamie-Law
Jamie-Law
5,602 satisfied customers
Im involved in a case were I've been acussed of hitting my
Second opinion] Im involved in a case were I've been acussed of hitting my daughter I've been in for a interview under caution etc but I'm fed up of waiting around what will happen now … read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
My ex partner brought me a car in August we split up in
My ex partner brought me a car in August we split up in January he'd never give me the logbook. But paid for the car tax and it's insured in my name. I have both … read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
I am the defendant in a small claims court dispute The
I am the defendant in a small claims court dispute The claimant has made the following offer: "You agree to withdraw your defence and to submit to judgement in my firms favour which for the avoidance … read more
JimLawyer
JimLawyer
GD Law
89 satisfied customers
I had a non molestation and occupancy order granted against
I had a non molestation and occupancy order granted against my ex partner without him being there, I have another court date but wish to cancel the non mol, can I do this? … read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,684 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x