A Warning

There are occasions when dealing with finances on separation when one party is concerned that the other may be attempting to hide information as to their financial position. The temptation in such circumstances is to look for information the other party may be attempting to hide. If you are in such a position before taking any such steps, you should take note of the fact that you are not entitled to breach the other party's rights to confidentiality even if you believe that they will attempt to hide or dispose of information or assets.

In the circumstances, you or anyone on your behalf should not access, examine, copy, retain or supply to a third party any document or documents either physical or contained in electronic format belonging to the other party or use the information contained therein without the other party's consent. If you do so and the documentation is confidential you could be at risk of criminal prosecution and/or subject to civil proceedings and cost orders. You could also risk facing penalties and damaging your credibility in the matrimonial proceedings and being in contempt of court. You may also be prevented from using the information contained in the matrimonial proceedings or otherwise and could be ordered to return the documentation to the other party and destroy any copies. If the information has been provided to your solicitors the court might prevent you from continuing to instruct those solicitors.

Potential criminal offences include theft, burglary and offences regarding surreptiously downloading electronic information.

This does not necessarily mean that if, for example, a bank statement is left in the family home in open view that you would not be able to take a copy of the same to hand to your solicitors, in which case your solicitors would have to disclose the copy bank statement to the other party's solicitors as soon as possible. You would still not be able to retain the original document.

Our specialist family team at Pinney Talfourd are able to give you advice as to the appropriate remedies available if you are concerned regarding the other party hiding or disposing of assets or information. The court can make an order to prevent a party from dealing with an asset or assets if the other party is about to deal with the asset or assets in such a way as to attempt to defeat your claim for financial relief and the court can also freeze assets.

Please speak to us therefore before taking any steps to attempt to obtain information yourself or instructing anyone else to do so as such action could be counterproductive. Our specialist team will be able to assist you and advise as to the steps to take to protect your position within the framework of the law and to achieve the best possible outcome for you.

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