It’s a scenario that comes up time and again in divorce: you’re worried your spouse isn’t being honest about money. You come across some of their bank statements or business records — maybe they were left on a shared computer or in a drawer at home. Can you use them?
The short answer is: not without great care. In family law, these are often called “Imerman documents”, after the case of Tchenguiz & Ors v Imerman (Rev 4) [2010] EWCA Civ 908, and how you handle them can make or break your case.
Self-Help Is Not Allowed
Before Imerman, some people relied on what they thought was a legal loophole — the so-called “Hildebrand rule” — to justify accessing a spouse’s documents without consent. That’s now firmly rejected.
The courts have made it clear: you can’t take the law into your own hands. Secretly copying or retaining private financial information, even if it feels “fair,” may:
- Breach confidence and privacy rights
- Breach data protection laws
- Lead to sanctions or criminal liability
- Get your lawyer removed from your case
What Should You Do Instead?
If you discover documents or information that belong to your ex or their business, you should:
- Do not read, copy or share them.
- Tell your solicitor immediately — they are under strict duties and must quarantine the material.
- Let the court decide — a judge may allow use of the material if it's crucial and was obtained innocently, but there's no guarantee.
Your solicitor can then:
- Try to agree access with the other side, or
- Ask the court for directions on what to do.
Use the Legal Tools Instead
Worried about hidden assets or half-hearted disclosure? The court process gives you tools to deal with that:
- Form E disclosure
- Questionnaires after the first hearing
- Applications for specific or third-party disclosure
- (In rare cases) freezing orders or Norwich Pharmacal orders
Let the court manage the fairness — that’s its job.
Practical Advice for Clients
“I found this on our shared laptop — can I use it?”
That depends. If the document was left open on a shared device you both use, it might be fair game — but even then, get legal advice before doing anything. The safest answer is always: pause and ask.
Don’t rely on “self-help” when it comes to financial documents. Courts don’t reward secret snooping. If you’re unsure, seal it, don’t read it, and ask your solicitor to guide the way.
