Documents evidence while in separation Could it be "Theft"?

[marble33]

In cases like the Non Eu is currently in separation with his ex EU wife after 5 years of marriage, If he wants to apply for his permanent residence card after the 5 years of exercising treaty rights have passed, the decree absolute is not out yet, If he applies and submits any evidence of his ex partner to support his application" previous P60s and employment contracts" which he managed to keep hold of them after separation: Is he going be committing theft as he took these documents without his ex partner's consent? bearing in mind the ex wife is not co-operating at all and they don't have any children.
Thanks for your contribution

[marble33]

In cases like the Non Eu is currently in separation with his ex EU wife after 5 years of marriage, If he wants to apply for his permanent residence card after the 5 years of exercising treaty rights have passed, the decree absolute is not out yet, If he applies and submits any evidence of his ex partner to support his application" previous P60s and employment contracts" which he managed to keep hold of them after separation: Is he going be committing theft as he took these documents without his ex partner's consent? bearing in mind the ex wife is not co-operating at all and they don't have any children.
Thanks for your contribution

Any comments from anyone?

[Casa]

If the partner chooses to make a formal complaint to the police, yes.

[marble33]

If the partner chooses to make a formal complaint to the police, yes.

Thanks for your contribution here. So if this is the case what the Non Eu partner should send instead to prove her previous exercising treaty rights employment:
1- Just photocopies of the docs?
2- written declaration of her previous employment?
Or any other suggestions please

Thanks