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?
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?