Divorce Solicitors: Self-help Is No Good Anymore

Going through a divorce can be an emotional and stressful experience

. But you are often faced with the realities of divorce also. Divorce solicitors often have a client, who is worried that their partner might be hiding their wealth so that the divorcing spouse is left with nothing.

Usually, this client is the wife. So the divorce solicitor will often advise the wife to copy any documents of a financial nature that she find lying around. The only rule is that she is not allowed to use force to access these documents. If they are under lock and key, then they stay that way.

The family courts have accepted this form of self-investigation for some time now, but it has all changed.

Traditionally, the family courts have allowed such self-investigation ( even though it is against rules and procedures of the family courts) because it is for the greater good that an accurate picture of the divorcing parties finances be given.

But there were some rules in place about using such documents, the Hildebrand rules. Under these rules, clients could use documents belonging to their spouse, be them confidential or not, so long as they were disclosed at an early point in the proceedings.

But this has all changed. The Master of the Rolls, Lord Neuberger has ruled in Imerman v Tchenguiz that there is no legal basis for the Hildebrand rules.

After all, if you take the law into your own hands by self investigating the wealth of your spouse, you could be committing a civil wrong, or worse a criminal offence. Such a consequence cannot be defended by the notion of the greater good, and so Lord Neuberger ruled accordingly.

Case Background.

This decision arose out of the case of Imerman v Tchenguiz. This was a divorce proceedings that involved some documentation taken from a computer server that illustrated addition assets that Lisa Tchenguiz was unaware of. The court was in the process of determining whether such documents could be used.

The amount of documents was extensive, ranging between 250,000 and 2.5 million pages. But the Court of Appeal could not accept their use, and by doing so, overturned a long and established practice in family law. The Court of Appeal based its decision on the legislative prohibition of self-healp which goes as far back as the Statute of Marlborough from 1267.

So what now for spouses?

Well the family courts have offered some reassurance that this decision is not a cheats charter. For example, should the courts believe that a spouse is not giving a full and frank disclosure of the estate, then the court may grant an award greater than expected to compensate for that.

Then there is the availability of freezing and search orders, known as Anton Piller orders that the family courts can use to conduct thorough searches.

If you are concerned with divorce, then contact us straight away and we will put you in touch with a local divorce solicitors.

by: Antonia Torr

POST COMMENT

Overcome Anxiety - How To Build Self Esteem And Confidence Self Storage Tips For Being Efficient Debt Settlement - The Benefits Of Do-It-Yourself Negotiation Controlling Risk In Beginner Forex Trading What is a Squeeze page? From Beginner to Beginner Best Self Defense Product For Women-mace Pepper Gun Do It Your Self Sash Window Draught Proofing Is Surprisingly Easy And Quick Moving Boxes Supplies For Self Moving Why Buy Natural Face Skin Care Products? To Help You Protect Your Self From Parabens Debt Relief Options - Dig Yourself Out Of Debt With A Debt Consolidation Loan How to Get Ahead with SEO, 8 Hints for Beginners How to Charge Your Battery at an RV Camping Site How to Find Free RV Camping Site