A Court of Appeal Judgement preventing the Courts from turning a blind eye to divorcing couples using unlawfully obtained financial evidence in court proceedings, could cost the average couple thousands of pounds warns solicitors Withy King.
Until now, a husband or wife who discovered information showing their partner was hiding money could, almost without challenge, copy it and use it in court.
The new Judgement comes as a result of the high-profile case of Robert Tchenguiz, who, in order to assist his sister with her divorce, took information from the shared computer system of his brother-in-law, canned-fruit millionaire, Vivian Imerman, without permission, and means information can no longer be obtained in this way.
Simon Bassett, partner in the family law team at Withy King solicitors, said: “Previously, those going through a divorce could obtain their partner’s financial records unlawfully.
“Despite such actions possibly amounting to theft, trespass, burglary or breach of The Computer Misuse or Data Protection Acts the courts would often turn a blind eye, deeming the necessity of the information itself - to enable a fair divorce settlement - as more important than the ways in which it was discovered. The only time this differed was if the information had been obtained using force, violence or using seriously unmoral actions.”
Simon describes the judgement as ‘groundbreaking’ and warns it could have huge financial implications for the average divorcing couple.
He said: “Obviously not all divorcing couples are millionaires, which means that obtaining the information through the channels now suggested by the Court of Appeal – search and seize orders – could add a huge figure to the average couple’s divorce bill.
“There may be ways around the new Judgement, but ultimately this decision could seriously impact how future divorce settlements are approached, and the advice solicitors give to their clients.
“It’s very hard to get rid of, or hide, financial assets without leaving a paper chain, and although this looks like the right decision in theory – it will potentially make it a lot harder for those who have justifiable reasons to believe that their husband or wife are withholding financial evidence.”
