Divorce proceedings are likely to be one of the most difficult and emotional experiences in any person’s life. Emotions run high and it can be difficult to think clearly.
However, despite the emotional turmoil, divorce is no excuse for bad conduct. Whatever the reason for the breakdown of the marriage parties are expected to be open and honest in relation to dealing with their financial matters and to provide full and frank disclosure regarding their financial position in order to achieve a fair division of the matrimonial assets.
Failing to provide full and frank disclosure during the course of financial negotiations is one example of bad behaviour. However, believing that your spouse is not providing the required or accurate information does not justify accessing your spouse’s post, email and any other kind of correspondence.
Many of the hundreds of thousands of people who get divorced every year do not know that the Court can impose extremely harsh penalties for those who practice this kind of behaviour. It may be that you think your spouse is hiding money, property or something of value which may affect financial settlement but, be warned, working your way through your spouse’s private correspondence is an offence that may not only result in you having a financial penalty imposed against you , but could land you up to two years in prison!
In 2010 a wealthy businessman and his ex-wife were arguing financial matters in Court proceedings. The wife was claiming £100million and, in order to “assist” her case, her brother obtained emails and other financial documentation from the husband’s computer. The Court ruled this was inexcusable behaviour and the final settlement awarded to the wife was £15million.
Dealing with financial matters whilst going through a divorce at the same time can be extremely difficult.
Here at Farleys we have a specialist family team who are here to guide and advise you through the practical issues during your divorce. To speak to an experienced family lawyer please call 0845 287 0939 or send your enquiry through our online contact form.