You’ve read the books, seen the movies – Sherlock Holmes, Miss Marple, Sam Spade, Phillip Marlowe, Poirot (after all he is better than the police), The Rockford files, Magnum PI (furthered his career and is now a CCP) and even Shakespeare & Hathaway; and not to forget Jake ‘J. J.’ Gitties. Fast cars, plenty of…
Divorces and family law matters can at tunes be acrimonious, and highly emotive affairs which can result in ex-partners becoming highly vindictive and abusive. At these times, people sometimes wonder if they should consider using the services of a private investigator to assist in the compilation of evidence for them to present to the Family Court where they feel their ex-spouse may be lying to them. The question that must be asked is, will hiring a private investigator actually help or will it just be another expense?
In Australia, it is no longer a necessity to prove adultery of the other partner. With our no-fault divorce laws, whether your spouse cheated on you may well be hurtful and the reason for your divorce, but it is generally not considered relevant in Australian Family Law court proceedings.
However, the court may well consider an ex-spouses conduct when considering some aspects of property division. An example would be where one spouse has wilfully wasted marital funds on lovers or others. The court may take into consideration such wastefulness and may make an adjustment in favour of the aggrieved party to reflect the way marital funds were unfairly wasted.
Fraud and hidden assets are another avenue of enquiry in which a private investigator may assist in Family Law matters. And a private investigator can assist your solicitor on your behalf, in establishing accuracy of information presented to a court in regard to an ex-spouse’s conduct employment or undeclared income, that is not in the best interests of the children involved in a family law dispute – conduct such as gambling, violence, alcohol, and drug abuse.
Therefore, consider these two questions when determining whether hiring a private investigator is going to be helpful to your case:
- Is the conduct of the other party likely to have an impact on any child custody proceedings?
- Do you believe assets have been hidden or not fully disclosed in your divorce?
If you believe the answer to either question is yes, and you are going through a family law matter or divorce please consult with your solicitor as to whether or not it may be wise to hire a private investigator to help in your case.