Groundbreaking ruling has serious implications for divorcing couples

A landmark Court of Appeal decision in the case of Imerman has made it unlawful for a husband or wife to use documents taken without permission as evidence in divorce cases.

The case confirmed that the Hildebrand rules – which in the past allowed wives and husbands to secretly obtain, copy and use documents in divorce proceedings are now unlawful.

The new ruling will apply regardless of whether the document submitted could have a significant bearing on any subsequent financial settlement.

Documents left lying around which may have been accidently stumbled upon are to be included under the blanket ban, as well as those submitted and obtained without the other party’s consent.  Emails downloaded without consent or authority will be considered a breach of a person’s right of confidence and could result in criminal prosecution.

Moore Blatch family law expert, Jane Thomas comments: “The recent decision could lead to a considerable rise in the cost of divorce cases, as suspecting parties will need to go through a more formal procedure to obtain necessary evidence.

“This may in particular disadvantage a lot of women that do not have the financial means to pursue costly orders,” she said.

The current case indicates that the only lawful way to obtain evidence against a spouse now will be to apply for a search and seize or freezing order.

Jane concludes: “It will be interesting to see if the Court of Appeal’s judgment will be appealed to the new Supreme Court – as the current decision will have a significant bearing on all divorces.”