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Landmark divorce case may set precedent
Mon 02 Aug 2010
A divorce case involving two wealthy individuals could potentially influence the outcome of future proceedings.
Multimillionaire Vivian Imerman this week successfully persuaded the Court of Appeal to rule that his wife's brothers were not allowed to obtain financial information about him without his knowledge so it could be used in a divorce court.
While each party in a divorce is legally obliged to disclose all their assets to the court, they could also present information if the other party is believed to be concealing any money.
However, this latest case is significant because the outcome means this tactic may longer be allowed.
Mr Imerman argued that by obtaining financial information without him knowing, his wife's brothers had invaded his privacy and confidentiality.
This could impact on many future cases, as this form of protection has been used in thousands of previous divorces.
The two brothers have now been told to return the financial information to Mr Imerman.
Jacqueline Major, a solicitor at Winckworth Sherwood, commented: "The duty of full and frank disclosure in financial proceedings is paramount.
"However, all too often a party may try to hide assets, thus putting them in breach of this duty.
"A spouse who believes that the other party is hiding assets will try to prove otherwise, by providing documents that they have obtained to show that there is a possible breach of the duty to fully and frankly disclose all assets.
"The question of how such documents are acquired and when they can be used is what Imerman was about.
"In that case the question that arose was the means by which such information can be obtained - and whether illegal methods such as hacking into a computer are allowed.
"Clients need to know how to be able to obtain such information, and there are always means of obtaining relevant information and documents without using illegal methods.
"Specialist family solicitors should be able to give prudent and legally correct advice to clients who genuinely want to know whether or not they need to disclose particular information, and how to obtain information if they believe there is foul play on the other side.
"Whilst at first sight Imerman seems to make it harder for a spouse to "prove" that the other party is guilty of non-disclosure, obtaining information legally and correctly is still allowed, and the courts should continue to frown on parties who fail to give full disclosure, and costs penalties can follow against a defaulting party."
