Divorce - hidden bank account and the legality of opening mail

[WhatsTheStoryThisTime]

Going through a traumatic and long drawn out divorce and currently putting together my info for a full financial disclosure.
ExH is dragging his feet and it looks as though it will go to court. Some of his redirected mail has failed and has come to the marital home that he has not lived in for 18months.
Where would I stand if I were to open a letter the mail shows a new bank account (which he may or may not declare) Could this be used as evidence or would I be breaking the law?
Does anyone have experience of this?

You must not do that

@LesLavandes stuck between a rock and hard place 😔
im sure he must not hide information too. Let’s see if it is declared…

Could it be difficult to see the addressee if in a window envelope and you'd have to open it by accident?

How would he know you've gone it? Chuck it after?

Open it, then destroy it!

You'd be in hot water but then I imagine so would he be if he is hiding accounts.

I'd open it, note the info then bin it.

Open it by accident. He hasn't lived there for 18 months, his mail is usually redirected. You saw the address and naturally assumed it was for you. Most people would based on probabilities. He would need to prove otherwise imo. Dont destroy but keep it as evidence in case he does not declare. A judge would be more pissed at him than you.

It's only an offence to open mail addressed to someone else if you do not have a "reasonable excuse" or you intend to act to another person's "detriment". If you receive a bank letter/statement addressed to someone who does not live at your house you definitely should open it to find the bank's telephone number and call it as a matter of greatest urgency. Do not delay. This is an important anti- fraud measure.

Given the length of time that has elapsed since DH moved out,I would view any bank correspondence now sent to your address with great suspicion as perhaps being the result of some fraudster using your husband's name and old address.

Do you have a solicitor you can ask?

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. www.legislation.gov.uk/ukpga/2000/26/part/V/crossheading/offences-of-interfering-with-the-mail#:~:text=(3)A%20person%20commits%20an,been%20incorrectly%20delivered%20to%20him.

Lets just just say I opened it and it was a confirmation of new direct debit details for existing car finance (obviously still in this address)
The bank details suggest it is for a new limited company that I have never heard of. Quick google via Customs House suggests he set up the company in June of this year….
I have all this info which I’m sure he won’t declare. But how do I prove it without outing myself as opening the mail…..
Ill obviously speak with my solicitor next week but just looking for thoughts/experience x

Would looking him up as a director on companies house bring up the new company?

Yes you searched for him on companies house, not unreasonable

When submitting Form E this includes any bank statements over a certain period of time. Any discrepancies of money in/out can be followed up in a paper trail. So for example if car payments are being made by direct debit on a statement he submits which then suddenly stop yet he still has the vehicle you could request further details. This could be double checked with any incomings/outgoings form he submits to show how much he needs to live on.

Companies House would reveal the new company but not the bank account 🤷🏻‍♀️.
Amazing what men will do to avoid paying for their kids….

Thanks @over50andfab this seems the reasonable approach.
Maybe it is all a misunderstanding and it’s natural he’s set up a new company when being divorced……🤯🤷🏻‍♀️

Companies house is an open register, as far as I am aware you need a bank account to set up a new company either before or just after its registered, so totally acceptable for you to do that search and get your solicitor to ask his for the details good luck xx

When we went through this, we went through the DH exW statements with a fine tooth comb and questioned any discrepancies we found. Get your detective head on and scour the paperwork he does submit and then you'll have chance to raise questions afterwards.

Things like:

car payments changing
Salary
Even spending - the judge himself questioned DH's ExW about how much she was claiming she needed for food shopping because she spent that much and claimed it was to feed the children.

You can open mail address to someone else if you are doing it to prevent fraud, for example someone who doesn't live at your address taking out finance at that address.

I’m a tired mum. If mail comes to my home I make zero apologies for opening it and would tell the police or judge that if it came to it. They could try parenting my children for a few hours then see if they felt like carefully checking every envelope delivered to my house was for me or for
someone else, despite me having been the only adult resident for 18 months.

As if he thinks he’s going to get away with it. What other explanation is there on his actions other than attempting to hide income?

By the time you get to court is he likely to have had time to 'wipe the slate clean' as in you only have to submit statements for accounts/p60 for the previous year and no credit card statements and if you know this, you can disappear a lot before going to court?

I would.