Can you 'self-help' by way of copying documents belonging to the other spouse upon the basis the other spouse is unlikely to disclose certain financial information?
It has generally been the case that where there is a distrusting spouse or a reluctance of one spouse to give full and frank financial disclosure “self-help” has been available. This means you could copy various documents providing you did not keep the originals, which could also include computer information.
Beware! In a recent case that is being appealed of Imerman v Imerman the Court ruled that wives who purloin their husband’s confidential documents may be opening themselves up to criminal and civil liability. It is therefore essential a client should not take copies of the other’s documents as it could be viewed as an invasion of privacy in an underhand way. The liability also extends to solicitors.
Clients must not 'self-help' to documents owned by their husband or vice versa as they could be subject to criminal and civil liability.
Please note this recent case is being appealed and further information will be given in this news section when the result of the appeal has been published.
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