Imerman documents are confidential or private documents that are obtained unlawfully or without permission from a spouse or partner in divorce or financial proceedings. The term comes from the leading case Imerman v Tchenguiz (2010), where the court held that accessing or copying a spouse’s personal documents without consent is a breach of privacy and cannot be justified on the basis of seeking fairness in financial disclosure.
The ruling changed the long-standing informal practice of one spouse secretly taking the other’s financial papers. The modern position is that parties must rely on formal disclosure procedures rather than self-help. If confidential documents are improperly accessed, the court may order them to be returned or destroyed, prevent them from being used in evidence, and penalise the party and their advisers.
What are Imerman documents in family law?
Imerman documents are private financial or personal documents that one spouse has accessed without permission. These can include emails, bank statements, device backups or files obtained by snooping or covert copying.
Why are Imerman documents not allowed in divorce cases?
The court has ruled that privacy must be respected and that self-help disclosure is unlawful. Parties must disclose their finances openly and honestly via the appropriate court process, not by secretly taking documents. Use of Imerman documents offends against the principles of fairness and legal protection.
What happens if I take my spouse’s financial documents?
If you take financial documents without permission the court will order them to be returned and you will not be allowed to use them in the case. You may also face cost penalties. Solicitors cannot review or rely on unlawfully obtained material.
Can my solicitor look at Imerman documents?
No. If documents are obtained improperly, solicitors must stop reviewing them, seal them, and seek directions from the court. They cannot use the information to advance your case.
What if the documents show my spouse is hiding assets?
Even if the documents say it doesn’t have to be disclosed, you can’t rely on them if they were obtained unlawfully. Instead, you must raise your concerns through the formal disclosure process, such as questionnaires, court orders or third-party disclosure.
Are any documents allowed if they were left lying around?
There is a distinction between documents genuinely left in the open and documents that are private or stored on devices, cloud accounts or locked materials. The courts treat most documents as private unless it is obvious they were intended to be shared.
How should I handle documents I accidentally come across?
You should not copy, read or distribute them. Instead, seek legal advice immediately so your solicitor can approach the issue correctly without breaching the rules on confidentiality.
Can the court still find out about hidden assets without Imerman documents?
Yes. The court has wide powers to order disclosure, question a party about their finances and obtain documents from banks or third parties. The correct process is structured and enforceable.