If I inform my solicitor that my wife had committed a fraud in the past (+£50,000 HMRC Child Benefit) is my solicitor obliged to keep this confidential as I requested or is she/he by law compelled to report the matter to the police or other involved parties? I was unaware of this fraud and my wife has verbally admitted this. How do I protect myself from any future claim from her otherwise. We are about to separate/divorce and I am concerned at being implicated United Kingdom, England
Your solicitor owes privilege to you
What you tell them for the purpose of getting legal advice or litigation (which divorce is) is privileged which means it can’t be subpoenaed or disclosed unless you or your lawyer voluntarily decide to do so. Your lawyer does not need your permission to disclose it but, if they do, they have to have a genuine belief that it’s in your interest to do so.
Now, you need to consider what you actually know: your wife said she committed fraud. People have been known to lie; even to their spouses while going through a divorce.