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Divorce and Detectives

News Corporation and many of its employees have seen their reputations tarnished and their careers left in tatters as a result of the recent phone hacking scandal. One group has, however, avoided becoming embroiled in the media frenzy despite them having been very much involved, however: private investigators. This isn’t terribly surprising. Private investigators are regarded, after all, as masters of deceit capable of gathering sensitive information without causing commotion or arousing suspicion. As a result of these covert methods, however, very few of us know anything about private investigators – least of all when we may need to hire one. Unsurprisingly, potential divorcees provide private investigators with a significant amount of business. What is surprising is the number of individuals that hire such individuals. In 2007, the Guardian reported that half of all divorces in the UK in 2006 were filed after one party had hired a private investigator to check on their spouse. Owing to the reduction in peoples’ disposable incomes, this figure is likely to have fallen somewhat in recent years, but as it still may be necessary for those considering divorce to employee a private investigator, it’s important that people know when they may need such an individual as well as where to find one that is both reliable and reputable. Many people that hire private detectives do so because they expect infidelity on the part of their spouse. Divorce petitions that rely upon adultery will become contested unless the respondent spouse admits to the adultery. If the respondent is unwilling to admit to any wrongdoing, then the divorce will become contested and the petitioner will need to obtain proof of adultery. A private investigator could choose to visit their client’s partner directly in order to obtain this information, or they may choose to observe them in secret, making a note of where they go, where they sleep and so on. Alternatively, they could gather other pieces of evidence such as letters, diaries or photographs in order to prove that the respondent is being unfaithful. Individuals filing for a divorce on the grounds of unreasonable behaviour may also require a private investigator to prove the accuracy of their allegations if the respondent contests the application. Unreasonable behaviour which may need to be proven could include alcoholism, extra marital sexual activity that does not constitute adultery and domestic abuse but this is by no means a complete list. A private investigator will gather the evidence required in order to prove the accuracy of any allegations of unreasonable behaviour that may have been put forward. Even if the reasons for divorce are straightforward and the respondent’s consent is not required, it may be necessary to locate an estranged spouse as their residential address is required in order to file for divorce and a private detective can assist with this. Many people also hire private investigators in order to ensure that their spouses have fully disclosed all information about their assets prior to commencing divorce proceedings, that they have no prior convictions or to ensure that a resident parent is adequately caring for a couple’s children following divorce. Any individual that is considering hiring a private investigator should remember that these individuals are not regulated by any external body, however, and that many will utilise illegal methods in order to obtain the required information. More worrying still is the fact that whilst there are over 10,000 private investigators working within the UK, only 1,200 appear on the data protection register. Fortunately, a large number of private investigators that operate within the UK are members of The Association of British Investigators. Established in 1913, the ABI are endorsed by the Law Society of England and Wales and insist that its members are honest transparent and law abiding at all times. Any investigator that does not adhere to these rules will simply not be granted membership of the association. A list of investigators with ABI accreditation at the association’s website: www.theabi.org.uk. Any individual that is considering hiring a private investigator – whether it be for a divorce or any other matter – should request that the investigator outline precisely how they will go about obtaining the required information before opting to enlist their services in order to ensure that they will act in both an appropriate and ethical manner. It is possible to investigate matters unassisted, but it would be worth remembering that being directly involved in the situation can distort your findings. If your investigations concern a divorce, then engaging in investigations can also bring about significant emotional discomfort or maybe even grief. Combine these with the fact that a private investigator will be able to gather the information that you require far quicker than a layperson and it becomes clear that, in some instances, hiring a private investigator is the best option.

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