When are private documents not private in divorce ancillary relief proceedings?
08 December 2009
When are private documents not private in divorce ancillary relief proceedings?
Brachers LLP offers fast and efficient legal services for companies and individuals alike. The family team specialises in financial cases working for married and unmarried couples and cases involving children.
Marco Pierre White, famous chef, restauranteur and star of Hell’s Kitchen recently won his appeal against the striking out of his claim for damages against his ex wife’s solicitors. The celebrity alleged that Withers had encouraged/advised his ex wife to take his personal documentation to use as evidence within their divorce financial proceedings; a breach of his human rights of privacy and confidentiality.
The case highlights the importance attached to documents within matrimonial proceedings, albeit that this is normally because one is trying to establish the value of assets held by one party.
However, it is not uncommon that one of the parties will seek to remove or copy documents belonging to their spouse. These documents may be related to business interests or commercial developments or they may be of a more personal financial nature.
These documents are known as "Hildebrand documents" after the 1992 case Hildebrand v Hildebrand.
If one party comes across the other's documents they should inform their solicitors immediately.
If you are concerned that your business will be affected by disclosure of documents or you believe that your spouse is hiding assets or documents relating to hidden assets or if you are already in possession of personal documents related to your spouse’s financial situation then you may wish to come to see us for some further advice on what to do now. We would be pleased to assist you in any way we can. For further information or to make an appointment to come and speak to a solicitor in the family department please contact 01622 690691.
Family Team
Brachers LLP
www.brachers.co.uk
01622 690691
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