I purchased the Jewellery in Bangladesh. My brother had an arranged marriage.
Yes I have the original receipt of the purchase of the Gold Jewellery. It has my signature on the receipt. But be aware the Gold Jewellery was purchased in Bangladesh in a foreign Jewellery shop were all people go and shop for weddings.
I went to the Jewellery shop in Bangladesh to pick up the Gold Jewellery myself with a relative before the wedding night to hand over to the bride.
The matter is complicated because it can either be considered as a gift from me to the bride or a financial loan to my brother. Because a loan can be converted to a gift also. It depends how the judge views the situation because technically it can be a gift or the latter a loan to my brother.
Furthermore, complicated by the fact it is a financial divorce matter, where UK Matrimonial law may see the things differently.
During the wedding ceremony there will be video evidence of her wearing the Gold Jewellery. And she does have picture of the Gold Jewellery wearing it etc. So she does have that evidence and ofcourse her family members will be witnesses that she had Gold in her posession upto a point until she handed over to me etc.
In terms of the gift point, she will ofcourse claim that it was a gift from her Husband to her as a wedding gift and deny she had any knowledge that I was the one paying for the wedding jewellery via a loan or gave it to her as a gift. Or she may say I gave it to her as a gift. Basically she will say what ever helps her to get back the Gold Jewellery with the greatest chance etc
She is viewing the Gold Jewellery as her assett/posession. I am viewing it as either a loan to my brother at the moment - unless the UK law sees it different.
The Police may veiw it differently if she states I taken the Gold Jewellery
by cohersion or other means. If she states now that her relationship with
my brother has ended she has no vested intrest of the financial welfare of
my brother and she probably wants what ever financial things she can out of him and our family etc.
Please advise you understanding of how best to protect the assett. UK Family and Matrimonial law about possession is a bit complex.
Please repsond soon as possible as I need to know where I stand with the matter now as it has been a few days since I opened this question. Thank you.
As the ex-wife has raised a false domestic violence police statement against my brother and in that case she has , I assume she will pretend to be bullied into handing over the Gold Jewellery. Remember,
if you read her statement as above in my first e-mail to you. She is
stating I have taken it and kept it safe. So indicating in my mind she is indicating that only for safe keeping or otherwise from her point of view.
I suppose she was advised by her family what to say this, so she could put a claim against the assett being hers only and her possession etc.
She is also claiming it is a gift to her from her husband my brother.
She is not stating it is a gift from me because she is trying to get my brother to hand the Gold Jewellery back to her via Financial Divorce Proceedings and at the same time claim it is in my possession etc. Please note this point carefully.
Also during the divorce stages on her 'Form E' she has indicated a lump sum transfer order she wants to claim for the item as there are no other asetts in the marriage and my brother is unemployed and in debt.
Problem with UK Law is that the Judge may view it as a gift from the Husband to the wife as part of the wedding arrangement. This part of the issue I am not sure of. Also they may think I put pressure on her to hand
over the Gold Jewellery because of the loan arrangement with my brother.
Will the UK Law view the Gold Jewellery as her possession - is the Key question ? Or will they view it as my property based on the fact that I
purchased it, with my money etc. This is a bit of a complex area to think
about -please advise carefully as this matter is the most complex part of this case.
I believe she is in the process of commencing a claim shortly at the courts. Ex-wifes claim is that it is part of the wedding arrangement
and so forms like a gift.
Please advise how best to explain to the courts/ judge it was never intended for her to keep the item, until the either my brother had fully
paid me the loan and money he owes me.
Please respond quickly as possible with you view given the time constraints on me as I want to understand where I stand.
Yes the jewellery belonged to me and not my brother. I did not gift the item to him at no point or to his bride.
But the ex-wife will argue it was gifted from the husband to ensure she has the maximum chance of gaining possession of the asett now that the relationship had ended and all she is interested in is getting maximum money and financial assets out of my brother etc. She may even bring
witness to state it is a gift to support her case.
The problem I am facing is that during arranged marriages people do
give gifts and I am worried that the judge may view it as a gift to the bride from the groom side. This may be the perception as opposed to the reality of it just being loaned out to the bride for decoration purpose.
Judge may just assume it is a gift. Please advise how to defend this matter should the brothers ex-wife try do a lump sum transfer or
carry out a civil litigation on the matter against us or any financial proceedings etc. What action can I take to protect myself from the Gold Jewellery from being confiscated from me ? Can I sell the Gold Jewellery without any legal ramifications ? Please explain what options/actions I could perform etc
What hard facts will the judge/courts decide when they weigh up who
is the legal owner of the Gold Jewellery based on my circumstance- please advise ? Am I right in understanding that I am the legal owner
of the Gold Jewellery ?
What is the legal difference in the eye of the UK Law between a gift and a Loan in matrimonial law -just out of curiosity?