The Oxford English Dictionary broadly defines a ‘Dowry‘ as:
“money or property the wife brings with her to the husband’s home; the portion given with the wife; a present or gift given by a man to or for his bride.”
The Chambers English Dictionary provides the following definition:
“the property which a woman brings to her husband at marriage; sometimes a gift given to or for a wife at marriage.”
Claiming a dowry after divorce
As a family solicitor, I am often asked by clients if it is possible to claim a dowry after divorce.
On the basis that the parties have separated and are able to issue divorce proceedings under the jurisdiction of England and Wales, then the Courts are often asked to adjudicate on contentious issues, such as the following:-
Did the bride take a dowry with her?
Often the husband in his defence refutes all knowledge and possession of any property, possibly arguing that the wife came empty-handed.
The wife bears the legal burden of satisfying on a balance of probabilities, not only that she was given a dowry, but also what she was given, if she is to avail herself of the courts’ powers under the Matrimonial Causes Act 1973.
So how can the wife discharge the evidential burden?
The wife may have kept receipts. If so, photographs and/or receipts should be produced. If receipts have been lost, for instance in the case of jewellery, but photographs are available, a jeweller’s opinion should be obtained as to the possible value on inspection of the photographs. Any opinion sought cannot be conclusive, but will offer some assistance. The jewellery’s value will be important if the court is considering the making of a lump sum order.
How does a wife get back her dowry after divorce?
A bride usually leaves the former matrimonial home with little, if anything, of her dowry. On a practical basis, negotiations should commence for the dowry’s return at an early stage. If either part proves obstructive, then the issue will have to be resolved within financial negotiations or Court proceedings.
There is a duty on the parties and their solicitors to negotiate to settle the case. If the wife succeeds, the Judge can make such an order. If the Judge is satisfied that what formed the dowry is still in the husband’s possession, the Judge can make an order for its transfer, scheduling the items in the order (s.24 of the Matrimonial Causes Act 1973). If the Judge is satisfied that the dowry has been disposed of or otherwise dealt with by the husband, then potentially a lump sum order would be appropriate.
How Nelsons can help
If you require further advice regarding claiming a dowry after divorce, please contact a member of our specialist Family Law team on 0800 024 1976 or via our online form.
A member of the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.