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Latest legal news from Kent Solicitors, Kaslers Solicitors LLP.

Tuesday, 18 March 2008

 

Divorce and disclosure of company documents

Certain information is available at Companies House and the other side can be referred to the public information

Otherwise a limited company is a separate legal entity and has its own rights to privacy and confidentiality. A director / shareholder should not hand out to 3rd parties documents / information belonging to the company without authority

In a divorce, the husband, say, has to disclose papers relating to his financial affairs, not that of the company by which he is employed

Of course, where the husband is the sole director and 100% shareholder, it all a bit of a fiction and it may well be that the wife is alleging that he is sheltering money in the company until the divorce is over

In those circumstances, the court might well order the husband to produce company papers

The husband should make the wife give coherent arguments for disclosure of each category of documents she seeks seeking rather than just handing it out without thinking

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues