Is it OK to take my spouse's documents if I think they are hiding something?

The short answer to this question is no. You should not access any confidential documents belonging to your spouse or civil partner. 

This includes communications regarding their private life and their personal business dealings.  Your solicitor would not be permitted to read such documentation if you provided them with it and potentially could be prevented from acting for you in the future.  If such documents were deemed to have been improperly obtained you would also run the risk of civil or even criminal proceedings being issued against you.

This does not however mean that your spouse or civil partner would get away scot free.  They have an on-going duty to provide full and frank disclosure in respect of their finances.  If court proceedings were issued you would have the opportunity to raise a questionnaire regarding their evidence.  If it could be proven that they had misled you and the court in a material way this could influence the outcome of the proceedings as the court has the power to take such conduct into account if it is sufficiently serious. 

George Green’s Specialist Family and Divorce Lawyers give advice regularly on the financial aspects of divorce.  If you wish to discuss your matter in a free initial telephone consultation call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk at our Cradley Heath office.