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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello Jo,I have been with my husband for nearly ten years

Resolved Question:

Hello Jo,
I have been with my husband for nearly ten years married for six.
He has a financial services practice which I have been self-employed there for nearly ten years, which I helped him buy back his business (voluntary liquidation) in order for him to become a Partner at another firm.
Business thrived with our diligent of hard work and we were able to acquire two properties in total we have three properties all mortgaged.
Shortly after we were married, I discovered horrors of his deception with finances, lies, illicit web porning, dating sites, and funding ex wife and females he has met online (Ashley Madison). To add, he has added his mistress to his phone contract.
In the financial industry you are not allowed to practice with personal liabilities (we are £1.3m in debt) under the FCA rules. He has been very reckless with the finances, behind on tax bills, etc. and personal loans/credit cards.
I am currently considering divorce and have taking advice from three different solicitors. However, I have to be pragmatic, if I want a decent settlement and I am still working in the practice, which he pays me through my limited company.
My question is this, I have heard about privacy act in regards ***** ***** spouses's correspondences (which I have always, some were pertaining to business), emails, etc....well, if I did not go through post addressed to my husband, I never would have found out about the mistress's iphone 5 contracted being linked to my husband, credit card statements showing thousands of pounds cash withdrawals in month, escorts, dating websites, etc....If certain aspects of marriage is communal and one spouse is reckless of the finances, placing the family lively hood in destruction, why are laws so harsh on privacy laws? At least what I have found out has prepared me and made him reframe to a degree of this financial recklessness.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about why you are concerned about this - bearing in mind you already have the information?
Clare
Customer: replied 2 years ago.

What information??

Expert:  Clare replied 2 years ago.
Hi
You have already discovered the information - so why are you concerned about the privacy issue?
Clare
Customer: replied 2 years ago.

Hi,

Because I was cautioned by spouse and solicitor that I had committed a criminal offence by opening his post....If that was the case, I am sure prisons would have an overcrowd of defendants in prison.

I did make a strong point that if there is just caused in the marriage if one party is concealing financial information that would reveal the squandering and recklessness of finances and the only way you could find out is by researching (snooping as my husbands likes to address) these matters. Therefore, any information whether it be emails, post, text messages, receipts, etc., are obtain in the home/office (which is shared by spouses), should this information be considered "communal"? Especially based on situations that not only marital monies are being controlled by one spouse, but also being squandered.

Thank you

Expert:  Clare replied 2 years ago.
Hi
Technically you should not have opened his communications as yes it IS a criminal offence.
However you are of course correct - there is little likelihood of any prosecution
The issue is whether or not you can produce such information in court.
Provided it was in fact easily available in the Office without opening any letters/computer emails addressed to him that is fine.
If not then you have to find other ways of bringing the information before the court
I hope that is of assistance please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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