Divorce is stressful and when you suspect that your ex-partner is hiding assets from you it makes matters worse. But how do you find out IF your ex is hiding money from you?
Here are the DO’s and DON’T’S of how to find out:
DON’T:
- Open his/hers personal correspondence without consent. It is a criminal offence to open post that is not addressed to you.
- Hack and break into filing cabinets as this is illegal and you may face civil or criminal charges or be ordered to pay costs of any applications your ex-partner makes to the Court.
- Because he or she could obtain an injunction against you and you will be ordered to return all copies of documentation you have obtained in respect of your ex.
- Don’t access your ex-partner’s computer even if it is not locked this doesn’t mean you can access or copy documents in the computer without permission.
If you do any of the above you could damage your credibility in the eyes of a Judge and if you were to be successful you could still be penalised by a reduction of any award made in your favour.
- Open his/hers personal correspondence without consent. It is a criminal offence to open post that is not addressed to you.
- Hack and break into filing cabinets as this is illegal and you may face civil or criminal charges or be ordered to pay costs of any applications your ex-partner makes to the Court.
- Because he or she could obtain an injunction against you and you will be ordered to return all copies of documentation you have obtained in respect of your ex.
- Don’t access your ex-partner’s computer even if it is not locked this doesn’t mean you can access or copy documents in the computer without permission.
If you do any of the above you could damage your credibility in the eyes of a Judge and if you were to be successful you could still be penalised by a reduction of any award made in your favour.
- DO remember that lot of information can be obtained by social media!
- DO return any computer files and documents you have already taken to your ex and make sure you are not holding any copies.
- DO focus on the power of the Court to draw adverse inferences: for example, if convinced by what you tell them regarding the assets of your ex-partner, the Court can make an order for disclosure of assets and your ex can be sent to prison for not providing full disclosure.
- DO consider hiring a private investigator who may be able to provide evidence on your ex-partner’s lifestyle which might be relevant in Court.
- DO remember to check Companies’ House to obtain copies of tax returns that have been filed by your ex-partner.
- DO seek legal advice! We are here to help YOU.
-
In the majority of cases Judges will not support you if you come to Court having obtained information illegally, however in some cases Judges take a pragmatic approach that if the information has already been disclosed and is highly relevant then it will be admitted.
- DO return any computer files and documents you have already taken to your ex and make sure you are not holding any copies.
- DO focus on the power of the Court to draw adverse inferences: for example, if convinced by what you tell them regarding the assets of your ex-partner, the Court can make an order for disclosure of assets and your ex can be sent to prison for not providing full disclosure.
- DO consider hiring a private investigator who may be able to provide evidence on your ex-partner’s lifestyle which might be relevant in Court.
- DO remember to check Companies’ House to obtain copies of tax returns that have been filed by your ex-partner.
- DO seek legal advice! We are here to help YOU.
-
In the majority of cases Judges will not support you if you come to Court having obtained information illegally, however in some cases Judges take a pragmatic approach that if the information has already been disclosed and is highly relevant then it will be admitted.
#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters #mackenziefriend
For information purposes only.
No comments:
Post a Comment