The divorce solicitor's role in matrimonial proceedings is crucial; they must guide and advise clients, and aid the timely conclusion of any court proceedings, whilst always attempting to achieve the best possible outcome for their client.

The special nature of a financial settlement on divorce, or ancillary relief proceedings, requires both parties to give "full and frank disclosure" of their assets, wealth and financial position, but it is often presupposed that spouses may be less than forthcoming with such details when they are trying to protect wealth.

If a party to a divorce believes his or her spouse is withholding information regarding their finances, family law lawyers must be acutely aware of their obligation to somehow achieve this full and frank disclosure whilst not breaching human rights law regarding privacy.

In 2009/10 the case of Marco Pierre White and his estranged wife made headlines across the country when the Court of Appeal in London granted the celebrity chef the right to take Mrs White and her divorce solicitors to court over breach of privacy after she was allegedly advised by her solicitors to intercept and withhold his personal mail.

Both parties denied the accusation, but the appeal judge was highly critical of Mrs White's divorce lawyer and questioned his reasoning behind keeping original documents, one of which was a highly personal letter from Marco Pierre White's daughter from a previous marriage. White maintained he did not see the letter until it was presented in court as evidence.

Hildebrand rules in full and frank disclosure during a divorce financial settlement
The White divorce case caused a brief look back at generally accepted rules known as Hildebrand, after a case in 1992 where a husband procured documents from his estranged wife's home and then produced them in court in an attempt to prove that she was withholding information.

Reports on the litigation at the time surprisingly did not offer judgement on the underhand way in which the documents were obtained, however, the husband was not allowed to use the evidence in the ancillary relief proceedings until he had disclosed it all to his wife and her lawyers.

From Hildebrand v Hildebrand, and further to more recent cases involving digital media and the downloading of documents from hard drives and laptops, divorce solicitors have assumed a set of guidance rules for the procurement of evidence and should advise their clients accordingly.

The guidance follows that the family law courts will not penalise the taking, copying and immediate return of documents for use in ancillary relief proceedings, but a spouse should:

• Not use force;


• Not intercept documents;


• Not retain documents;


• Not remove documents electronically stored on a hard disk;


• Always disclose evidence contained in procured documents, even those wrongfully obtained, prior to the proceedings; and


• If a spouse is found to have obtained or retained documents unlawfully this may lead to litigation for misconduct or an order for costs.

Legal advice from Healys' divorce solicitors in London and Brighton 

Healys' family law team has a proven track record in successfully advising and representing clients in a wide range of sensitive family law issues; including complex and disputed financial settlements on divorce.

Whatever your issue, you can rely on us to deal with your case sympathetically, efficiently and always in confidence.

Call Naim Qureshi in our London office on direct line 020 7822 4165 or e-mail naim.qureshi@healys.com or in our Brighton office you can speak directly to Catherine Taylor on 01273 669 124 or e-mail on catherine.taylor@healys.com

Rest assured, we are divorce solicitors who know our Hildebrand rules, but we recognise how to get the most favourable outcome for our clients.