Millionaire tycoon in £350m divorce battle wins landmark victory to hide wealth from wife
By Daily Mail Reporter
A multi-millionaire dubbed the 'Man from Del Monte' today won a landmark victory in his £350million divorce battle, in a ruling that will have huge implications for thousands of couples.
Vivian Imerman, 53, won his appeal against property tycoons Robert and Vincent Tchenguiz, who had secretly taken thousands of documents about his wealth to help their sister Lisa Tchenguiz - Mr Imerman's wife.
Judges today decided that the 'Hildebrand rules' - a long-standing acceptance that divorcing couples can secretly obtain and use otherwise private documents in family court proceedings - have 'no legal basis'.
Today Lisa Tchenguiz's lawyer described the ruling as a 'cheats' charter' and said the judges had given her husband every incentive to lie and hide their wealth.
Mr Imerman, who had made a fortune from the sale of the Del Monte fruit company, had signed a pre-nuptial agreement with his wife at the time of their marriage in 2001.
But Miss Tchenguiz, 44, filed for divorce in 2008 and a bitter battle broke out over her demands for £100m of his fortune. She said she was entitled to a greater settlement because, since the pre-nup deal, he had made millions from selling the spirits company Whyte & Mackay.
Miss Tchenguiz's two brothers obtained thousands of documents about her husband's wealth from a computer at the central London offices Robert Tchenguiz had invited Mr Imerman to share.
They attempted to use information about his multi-million-pound estate at her divorce hearing. Robert Tchenguiz said he was concerned to protect his sister's interests and feared that Mr Imerman would try to hide his assets from her.
In July last year a High Court judge ordered the material to be returned and not disclosed to anyone else.
Today that order was confirmed by the Master of the Rolls Lord Neuberger, sitting with Lord Justices Moses and Munby.
They stated: 'Nothing in the so-called Hildebrand rules can be relied upon in justification or provide a defence to conduct which would otherwise be criminal or actionable.'
Mr Imerman's lawyers claimed it was a 'ground-breaking' decision that will revolutionise disclosure in documents in family law cases.
His solicitor Frances Hughes said he was delighted 'to have succeeded in a long battle for the return of his confidential and privileged documents'.
But Lisa Tchenguiz said the judges had given her husband every incentive to lie and hide their wealth. The 'ace from a sleeve' which wives have been able to play in producing documents to prove the lies has now been ruled inadmissible, she said.
Her solicitor Diana Parker said: 'Lisa Tchenguiz is prohibited from saying what her husband claims he is worth, compared with what is in the public domain as to the wealth he created during their marriage.
'But she is not gagged from saying that she finds the Court of appeal decision a cheats' charter.'
Legal experts said today's ruling will lead to a sharp rise in new court action in divorces where husbands or wives suspect each other of concealment of assets.
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