In Divorce, there are no secrets
A recent case in the Court of Appeal threatens to impact the financial and legal world heavily. A ruling is expected to be given today which will determine how far spouses can go in finding confidential documents in divorce proceedings.
The case involves the multimillionaire Vivian Imerman, the former owner of Del Monte Foods, and his wife Lisa Imerman. Mr Imerman is trying to stop his wife from using confidential documents that were downloaded from his computer, in a divorce dispute estimated at £400 million.
The verdict, which is expected to be announced today, will most likely have implications that go beyond the scope of UK divorce proceedings.
The case revolves around some documents that were downloaded from a private computer, and so the three appeal judges will have to determine where breach of privacy begins and full disclosure ends.
It is after all, a well established principle that spouses can take documents that they find lying around, if they believe that financial information is being concealed from them. But where do you draw the line?
It is after all, a well established principle that spouses can take documents that they find lying around, if they believe that financial information is being concealed from them. But where do you draw the line?
Because of the nature of the digital age, this case could effectively alter the way in which business disputes as well as family disputes are settled and fought.
Solicitors in the UK will look forward eagerly to hearing the final verdict.
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About the Author:
Antonia Torr is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, Antonia has received numerous awards that act as a testament to her quality of writing. Top rated Divorce Solicitors, please visit our website at http://www.qualitysolicitors.com
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Virginia Divorce Cruelty Desertion Constructive
Patsy Anne Eakin Williams v. James Michael Williams
CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA
60 Va. Cir. 309
November 5, 2002
At the time of the hearing on the first demurrer, the Court went into great detail and held a lengthy discussion concerning the concept of cruelty as a ground for divorce with both counsel. Upon the filing of the Amended Bill of Complaint Defendant made an oral demurrer, which the Court accepted, subject to the subsequent filing of a written demurrer and based on the assurance that both parties were ready to argue the second demurrer. The Court sustained the second demurrer and ordered the case to be dismissed.
Plaintiff thereafter filed a Motion for Reconsideration.
The Court held that mental cruelty is not a ground for divorce in Virginia. Plaintiff’s arguments, both oral and written, that selected language in prior Virginia cases can be construed to allow a cruelty divorce without allegation of, or ultimately proof of, actual or predictable danger to the life, limb, or health of a litigant is without merit. Denial of sexual intercourse was one of the factors a court would look to as evidence of a withdrawal of the duties of the marital relationship. However, this meant denial of sexual relations by the party alleged to be guilty of desertion, not by the one alleging it. Desertion and constructive desertion require egregious actions making up the willful breach and neglect of marital duties. They must be such “as to practically destroy home life in every true sense, and to render the marriage state well nigh intolerable and impossible to be endured. The facts alleged do not rise to this level. Therefore, the motion for reconsideration had to be denied.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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About the Author:
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Lynchburg City, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge.
Mr. Sriskandarajah is a Virginia lawyer who primarily focuses his practice on defending complex criminal cases in federal and state courts, handling complex divorce cases & immigration cases before the federal courts. He is the owner and CEO of the SRIS Law Group. The law firm has more than 11 offices to serve the clients of the SRIS Law Group. If you wish to contact the SRIS Law Group, please contact us at 888-437-7747. We look forward to helping you.
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