SA Handling of property overseas during divorce

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Jack897

Member
22 May 2017
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Hi I am new to this forum and would like to ask a very specific question.

I am in process of getting a divorce from my spouse. My lawyer has advised me not to go ahead with a settlement, since the legal fees would be more than my compensation. However, his family, which resides overseas (India), is currently holding on to jewellery of mine with a total value of around $20000. I have advised my lawyer that I need this back before the divorce goes through as I do not trust his family to give the jewellery back by themselves. My Australian lawyer has repeatedly told me that there is no way to enforce the handover of my jewellery from Australia. Hence, I contacted an Indian lawyer who advised me that I will need a confirmation from an Australian court stating that these assets cannot be settled in Australia. I therefore asked my Australian lawyer about the possibility of getting such a confirmation and was told that there is no possibility.

Is there any way I could ensure the handover of my jewellery before the divorce? E.g. anything my Australian lawyer could do to make sure I am handed back my property?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Why not fly to India and demand/ ask for the jewellery in person?
 

Jack897

Member
22 May 2017
2
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1
Why not fly to India and demand/ ask for the jewellery in person?

Thanks for the suggestion Rod, but unfortunately this is not possible for me at the moment as my visa application is pending. The only other way would be to ask someone in India to try to pick it up I guess.
 

sammy_lost

Active Member
1 November 2016
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0
31
I understand from my Indian friend that laws in India are pretty biased. I wont suggest you taking any unfair advantage in this situation like my friends wife did by threatening to file harrassment case against husband family and dont do that!
He used Kanoon.com website for legal matters in India.
If you have receipts of jewellery or you can prove it somehow, you will get it all back but you may have to go through court case if they dont agree. My friends wife also claimed for jewellery given to her by in laws which she got. Rest mental peace and your future is more important so act accordingly.