‘Hands are tied with new court ruling on hidden money', say's County divorce lawyer

Following the landmark Court of Appeal divorce ruling on ‘hidden money', now preventing the weaker financial party in a divorce from using 'Hildebrand documents', Jonathan Brew, senior partner and expert family law solicitor to Worcestershire law firm, Harrison Clark, explains the ruling and the potential effect for thousands going through a divorce:

"Documents belonging to the other spouse, copied without force, for instance without breaking into an office or briefcase, allowed the weaker financial party in a marriage, be it husband or wife, to use them within court proceedings either to disprove the honesty of their partner's disclosure or to prove hidden assets / money.

"The latest Court of Appeal judgment disallows use of such documents. The ruling leaves thousands with their hands tied behind their backs, facing potential criminal proceedings for simply trying to secure a fair share of the full extent of the actual assets that exist."

The ruling comes following the high court trial of a millionaire and his wife, who successfully won the right to have his financial documents returned to him. The BBC reported:

"Property tycoons Robert and Vincent Tchenguiz attempted to use information about the financial affairs of their sister's multi-millionaire husband at her divorce hearing. Following the ruling, they must comply with a High Court order to hand back to Vivian Imerman the documents copied from a computer.

"Mr Imerman, a businessman, shared the Mayfair offices and a computer with the brothers from 2002 until February last year when he and his staff were evicted.

"He successfully claimed that the brothers, two IT staff and a solicitor had no right to retain or use the material which was downloaded without his knowledge."

Jonathan Brew continues: "By putting a stop to the use of 'Hildebrand documents', the legal system now effectively gives the financially stronger party an opportunity to mislead their spouse and indeed the Court about their finances, with the weaker party being unable to counter any inadequate or incomplete disclosure with any degree of self help'.

"Our advice to anyone currently going through a divorce is to consult their legal advisor about how and what documents are or have been obtained. It is vital to remember that it is no longer appropriate to copy documents and use them to prove your husband or wife is hiding their true financial worth."