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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2237
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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After my marriage break up what can I do to get back

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After my marriage break up what can I do to get back belongings that were mine before we even met
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes I have a court date to see my son but nothing to retrieve my belongings
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: greater Manchester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that’s all

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Thank you

Thank you for your enquiry and I am sorry to hear about your situation. Firstly, these are never easy circumstances as tension tend to run high. Legally, this is not really the route you want to go down by taking action in court. If you are splitting from your ex partner then what you want to achieve is a settlement (which will be needed if you wish to divorce either way) the difficulty you will have is that unless you are talking about a house etc. then you will have to prove that the object(s) in question are solely yours and not considered matrimonial property (which they likely are). Honestly the best advice would be to look at getting a representative and have them help mediate the situation for you and attempt to get the items you are looking for. Hopefully once you do this you will not be met with too much resistance. If you ex takes the same type of advice then the lawyers will explain all the rights you both have which may aid in an easier settlement. I will provide you with a useful link to find a representative local to your area. You should try to deal with this calmly and informally yourself (although it sounds as though you already have). The last thing you want to do is raise a legal action to attempt to get some property back, you will want a legal separation agreement which outlines all of this so that it is legally biding an enforceable.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross Miller and 3 other Law Specialists are ready to help you
Customer: replied 9 days ago.
The property I would like back is from before I even met my ex.

I understand that. However whilst you are entitled to it, the difficulty you will have is proving in court that it is yours and was purchased prior to the marriage, the other hurdle is that it may be considered matrimonial property (even if you paid for it). This is why I would strongly suggest looking at getting a separation agreement in place, you can not only deal with the issue of the items you are seeing but also other issues that will need addressed at the same time. However, I would advise (if you feel it is possible) tying to deal with this yourself, you could even approach the citizens advice bureau to perhaps write a letter on your behalf (this would be free and is sometimes better coming from a third party). If you were to take the matter to court for a claim for the items then you would have to prove that you bought them, that they can't be considered matrimonial property etc. also the cost of doing this would be substantial and therefore I would not advise this route however it is always open if you feel there is no other way to obtain them back. I hope that makes sense to you.