Are You Allowed To Help Yourself?
Are you allowed to help yourself to your spouse’s financial information when you divorce?
Probably not, but it depends…
Be very careful indeed, the rules are complex and it is always worth taking specialist legal advice before you act.
In times gone by, the Family Court tolerated the practice of one spouse helping themselves to the other’s financial information, on the basis it would likely be relevant to the financial disclosure exercise, and therefore ought to be disclosed anyway.
This put the Family Court on a very different track to other branches of the law and ultimately could not be sustained. The practice of self-help came to a crashing halt in the case of Imerman v Tchenguiz in 2010.
This is a complicated area and you should take independent legal advice if you find yourself in this position because if you take material to which you are not entitled you are at risk of committing a criminal offence, or exposing yourself to a claim for damages, or possibly both.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Related Reading
- ‘Breadmaker’ Or ‘Homemaker’ – Does It Matter?
- How Long Does A Divorce Take?
- What Is No-Fault Divorce In The UK
- The Positive Effects Of Divorce On Couples
- What Is The Child Maintenance Service (CMS)?
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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