The Court of Appeal has ruled that a husband or wife who comes across documents showing that their spouse is concealing assets in divorce proceedings, can no longer use such documents. If the husband or wife has taken copies of such documents for the use of their legal advisors, it is unlawful and they must be handed back. It is not clear how far the use of any information derived from such documents may be restricted e.g. the mere existence of an undisclosed bank account.

This is in line with civil and criminal laws, but will make it more difficult to prove non-disclosure of assets in some matrimonial cases.

 Written by Rebecca Fitton-Brown, Barrister at New Walk Chambers specialising in Family Law.