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ARTICLE · 20 JANUARY 2012

Financial Documents

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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Husbands and wives are entitled to privacy against each other.

United KingdomFamily and Matrimonial
Tanya Roberts
Tanya Roberts

Husbands and wives are entitled to privacy against each other. There is a risk of both civil and criminal sanctions for both you and your legal representatives in taking or using confidential documents. The recent case of Tchenguiz v Imerman and Others [2010] EWHC 64 (Fam) means matrimonial lawyers need to establish parameters within which ancillary relief cases can now be managed and confidential documents dealt with.

Confidential Documents

These fall into the following categories:

  • Documents given to you by your partner during the relationship (there is an argument that your partner has waived confidentiality in relation to these documents)
  • Documents accessible to you given the nature of the relationship (confidentiality may have been waived depending on the circumstances, e.g.: where were the documents located? What was the extent to which the information was shared between you and your partner? What is the nature of the information? Did you read

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