Search and Seizure Orders in Divorce: Non Disclosure

What Is a Search and Seizure Order?

A Search and Seizure Order - also known as a Search Order or Anton Piller Order - is a powerful legal tool used in UK family law to preserve evidence or property that may be relevant to divorce proceedings. It allows the applicant’s legal representatives to:

• Enter the defendant’s premises
• Search for, copy, and retain relevant documents or assets

These orders are typically granted in cases of suspected non-disclosure, where one party may be hiding financial information to avoid a fair settlement

 When Can a Search Order Be Used?

Search orders can be applied for at any stage of financial remedy proceedings, and even against third parties who hold relevant evidence. However, applying as soon as practicable will give an applicant the best chance of success. 

They are usually made on a without notice basis, meaning the respondent is unaware of the application until after the order is granted.

To succeed, the applicant must show:

• A real risk that the respondent will conceal or destroy evidence
• That less intrusive remedies (e.g. disclosure orders) are insufficient
• That the order is proportionate and necessary to protect the applicant’s rights

Purpose of a Search Order in Divorce

Search orders are not used to force disclosure but to preserve evidence that may otherwise be lost. This includes:

• Financial records
• Property deeds
• Business documents
• Digital files or emails

The goal is to ensure a fair division of matrimonial assets, especially in high-value or complex cases.

Search orders should not be used to collect evidence or force a defendant to comply with their obligations of full and frank disclosure during financial remedy proceedings. However, if you believe that your spouse will not give full and frank disclosure, it may be possible to obtain disclosure via a search order from the court. This type of order will only be granted if a less draconian remedy is deemed insufficient and there is a legitimate risk that a defendant may conceal or dispose of documents or assets in order to put them beyond the reach of the applicant. 

Due to this requirement of preservation, the purpose of a search order could be defeated if the defendant has prior knowledge of the application, as they may tried to hide assets or evidence accordingly before the injunction is granted. This is precisely why applications for search orders are normally made without notice. 

Legal Safeguards and Risks

Because search orders are intrusive, courts impose strict safeguards:

• A supervising solicitor must be present during the search
• The respondent must be informed of their rights
• The search must be conducted respectfully and within legal bounds

Misuse of a search order can result in legal penalties, including cost orders or dismissal of the application.

 FAQs on Search Orders

Q: Can I apply for a search order if my spouse is hiding assets?

Yes, if there’s a legitimate risk of concealment and other remedies have failed.

Q: Will my spouse know about the application?

Not initially. Most search orders are granted without notice to prevent tampering with evidence.

Q: Can a search order be used against a third party?

Yes, if they hold documents or assets relevant to the proceedings.

Q: What happens if the search uncovers hidden assets?

These can be used as evidence in financial remedy proceedings and may lead to penalties for non-disclosure.

Q: Can I search through my spouse’s things?

It is important to note that if you believe that matrimonial assets are being hidden, you must not resort to self-help methods of searching through your spouse’s confidential papers. Case law has determined that it is only under a search order that a party can be obligated to allow the other to enter their premises and search for and preserve relevant evidence. 

Q: What are the limitations of a search order?

Applying for any interim injunction will be both costly and time-consuming and you should evaluate its necessity and the viability of alternatives before proceeding with any application. Additionally, a search order does not allow the applicant to force entry into the premises of the defendant.

Q: Will my spouse’s business be searched?

The scope of the defendant’s premises includes those premises specified in the order as well as any premises under the control of the defendant. Search orders granted over residential properties are often different to those granted over business or other premises, as disruption of the familial home could cause unnecessary distress for any children of the family.

Suspect Your Spouse Is Hiding Assets? Act Now.

If you believe your spouse is concealing financial information, Vardags can help you take swift legal action. Our expert divorce solicitors specialise in high-net-worth and complex cases, using search orders and other tools to protect your financial future.

We offer a free initial consultation to qualifying individuals.

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