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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Opening post for proof

22 replies

adriftabroad · 28/02/2023 15:43

If a STBXH is obviously lying (after a very long marriage) about assets, properties and pension but you come across and open 100% proof that he owns all of the above, how can you prove it without admitting opening letters (actually it was DS, but I read them, DS a minor so my responsibilty) or is it impossible?

All the "ducks in a row" advice given daily does not deal with this?

Any suggestions/advice/eperience would be very kind.

OP posts:
Collaborate · 28/02/2023 15:53

You have breached confidentiality buyt cannot unsee what you have seen.

Send it to your solicitor in an envelope you have taped up. Tell them not to open it. But you can also instruct your solicitor to ask H to disclose the villa in France or the account with Barclays. Your solicitor will be able to advise you further.

adriftabroad · 28/02/2023 15:56

Thank you.

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adriftabroad · 28/02/2023 16:02

Woops, posted too soon. Yes, I will ask lawyer.

I was wondering if he did not declare it in front of the judge if this was perjury(or something!?)

FWIW I did know the account but had never bothered to nose around.There is apparently an enormous difference in our situations that he has kept secret for 20 years.

Thanks again.

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ironhelp · 28/02/2023 16:22

I thought it was a myth that it is illegal to open other peoples mail?

We often get letters that are folded so that you can barely see the name, just the address. So I open them.

adriftabroad · 28/02/2023 16:27

ironhelp · 28/02/2023 16:22

I thought it was a myth that it is illegal to open other peoples mail?

We often get letters that are folded so that you can barely see the name, just the address. So I open them.

This is what Ithought! But it is illegal and cannot be used.

I, too have in the past opened worrying looking things (fines for speeding etc) sent to my address without checking, for someone who has clearly given a false address.

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ironhelp · 28/02/2023 16:31

Oh no, that's a shit situation, I'm sorry.

Your right, it would be perjury surely!

Springisclose · 28/02/2023 16:36

If you are married there should be no issue with your opening. STBXH post?
A solicitor could probably advise.
I’d take a photo of it anyway. Especially if he is hiding assets.

adriftabroad · 28/02/2023 16:40

Thankyou both very much.

It all has an air of tax evasion to me!
I will take a photo, good idea.

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wildseas · 28/02/2023 16:41

Delete this thread.

Tear open/damage the envelope a bit.

Email Royal Mail to tell them you have received damaged post, keep a copy of your email. Don’t tell anyone about this email unless he reports you to the police for opening his mail.

Contact him and your solicitor to tell them you received it in the mail open and damaged. You accidentally saw the contents. Attach a scan.

He will know you’re lying but fuck him!

Skyeheather · 28/02/2023 16:46

Could you take a photograph of the documents and say that your ex left them on the table or wherever, you took a sneaky look and decided to take a photo for your future reference.......

WoolyMammoth55 · 28/02/2023 16:49

Hi OP, obviously you need legal advice but in the meantime Google has this:

www.stowefamilylaw.co.uk/blog/2017/05/02/timely-reminder-spouse-mail/

If STBXH can prove that you opened his mail, then the information you gained from his mail is barred from consideration in the divorce.

SO you need to (a) proceed with great caution; (b) delete this thread; and (c) work out with someone you trust who is legally knowledgeable how to get these assets on the table.

Best of luck!

adriftabroad · 28/02/2023 16:57

@WoolyMammoth55 I literally read that exact link last night! Hence thread today!
@Skyeheather @wildseas thank you all so much.
The royalmail thingis something I will alsoask, thanks.

I think I will be ok leaving the thread atm.

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HumourReplacementTherapy · 28/02/2023 16:58

It might be worth not using the post as such re what a Pp has said about it not being admissible but involving a forensic account (giving them info you strongly suspect to be true so they don't have to spend too much time on it? Then unearth it officially

wildseas · 28/02/2023 16:59

That’s a really good suggestion @HumourReplacementTherapy

Might be worth them having a general nose around too - if he’s lied about this for 20 years maybe there’s more?

adriftabroad · 28/02/2023 17:13

Yes, I am sure there is more. I do not want it but he offered 3,000 a year for 4 years "compensation" when he contested my divorce request. It was all so ourageous but i cannot say any more. I just wanted to proove how wealthyhe is for a reasonable future for me and DC.

You are all so kind, thankyou.(I thought I would be told off)
You have actually calmed me down as you have same thoughts as me:ie I am not mad.

@HumourReplacementTherapy yes. Brilliant,thankyou

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adriftabroad · 28/02/2023 17:16

Sorry,my spacebar seems to have given up.

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StreamingCervix · 28/02/2023 17:16

Is it sent to your home address?

Hotvimto3 · 28/02/2023 17:17

Dont tell anyone you opened it. If it related to property ask your solicitor to perform a lang reg search... common practice and employ a private actuary who will reveal hidden pensions... that happened to me.

chocolateisavegetable · 28/02/2023 17:20

“A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

from The Postal Services Act

adriftabroad · 28/02/2023 17:27

StreamingCervix · 28/02/2023 17:16

Is it sent to your home address?

Yes. Same bank too.

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adriftabroad · 28/02/2023 17:29

Hotvimto3 · 28/02/2023 17:17

Dont tell anyone you opened it. If it related to property ask your solicitor to perform a lang reg search... common practice and employ a private actuary who will reveal hidden pensions... that happened to me.

I have searched thel and reg. Nothing in his name.

Luckily I have deeds to family home.

Thankyou,havetold nobody yet.

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adriftabroad · 28/02/2023 17:32

chocolateisavegetable · 28/02/2023 17:20

“A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.”

from The Postal Services Act

I know.

DS opened itbutnoexcuse, I read it knowing. (He brings post after school andoften rips it open!)

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