Liverpool lawyers fears over “cheat’s charter” in divorce cases thanks to human rights laws

NEW rules based on human rights laws have created a “cheat’s charter” in divorce cases, Liverpool family lawyers have warned.

A survey of leading family law firms in the North west revealed that 94% of lawyers believed there were hidden assets – including cash, property, savings and shares – in nearly a third of their cases.

Concerns were first raised after a landmark Court of Appeal ruling in July established that one party in a divorce cannot obtain confidential documents from the other and use them in evidence, because this would breach privacy rules.

Respondents to the annual matrimonial survey, carried out by Grant Thornton, said they believed the outcome of this case had increased the likelihood of individuals concealing assets.

Sally Longworth, partner in Grant Thornton’s Forensic and Investigations Services practice, said: “There is widespread concern that these recent developments could unfairly strengthen the position of any spouse wishing to conceal assets which in turn could lead to settlements that are unfair.”

The recent Court of Appeal ruling overthrew a legal convention called the Hildebrand Rules which said information can always be used as long as it was not obtained by force.

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