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The short answer to this question, is yes. When you hire a solicitor to act on your behalf during a divorce you are obliged to tell them everything relevant to your case.
The Solicitors’ Code of conduct requires your solicitor to act in a confidential manner, meaning they should not disclose anything about your case unless the court orders them to. In this circumstance it is the court which has the power to decide what documents should be disclosed.
Items that may be disclosed include:
- Computer files
When you go through a divorce, your solicitor will advise you that you must keep all information provided in the divorce proceedings completely confidential. You should not show any documents to anyone; even family and friends.
In addition, the vast majority of court hearings are conducted in private, meaning disclosures and information should also remain private.
Disclosing all information relating to your divorce is particularly important when it comes to financial matters. Ensuring that all information is provided is essential when ensuring that any settlement is fair to both parties. In addition, any failure to disclose financial information could lead to an order being overturned in the future.
What if I think my ex is not telling their solicitor everything?
If you believe that there are items your spouse is not disclosing, your first step should be to contact your legal representative and ask that they request disclosure.
If this is not successful, you can apply to the Court and provide evidence to support your accusation that your spouse is hiding assets.
If you discover later on that your spouse concealed assets, you may have to make a new application to the Court.
Do you need help with your divorce?
Get in touch now with one of our panel of specialist local family solicitors.
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The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.