Has anyone ever used a Private Investigator in a Divorce?

[Isheabastard]

Ive NC, but have been on MN a long time.

I am divorcing a controlling husband. Foolishly I was a SAHM for most of the marriage. I have very little idea of the financial situation, but I am rectifying that.

It has been a very long marriage. We are both retired, own two properties, no mortgage, good company pension. Adult children have moved away.

I have a solicitor and I am compiling my Form E. I have moved out of the family home because he can be very threatening.

In spite of him still saying he loves me (I don’t believe him), it’s ALL about the money. I feel there is enough to share, and I am in fact happy to go less than 50/50, but obviously my solicitor disagrees.

I have discovered some things he has done recently (he doesn’t know I know) that makes me think he might be trying to hide/move money/assets. There may be an OW on the scene, but I’m less concerned about that.

Has anyone used a private investigator? Can they help you find out these things? How much did it cost in the end? And most important, how did you go about finding a good one?

I assume it’s mostly about finding their digital traces, rather than following them in person. Did you need to employ a local person. Would you prefer a woman or a man?

Any experience or info gratefully received. In spite of saying we will sell the family home, and me using savings to pay off the mortgage, I am worried he is going to go back on his word now that I have physically moved out. The family home is worth double the other property which was a rental.

Thank you.

I think you’d be wasting money

your solicitor will be able to dig through his form e, raise questions, ask for clarification and evidence etc

There’s something called a ´forensic accountant’ which might be a better fit than a private investigator and maybe more likely to be legal and permissible in court? (I’m not a lawyer).

I'd get your solicitor's advice pronto. My first thought would be a banger of a letter about the legal consequences of hiding assets, but they would know possible tactics. Also their firm would have forensic accountants on tap.

He would have to share 12 months of personal bank statements and 24 months of business bank statements when you exchange Form E. After seeing this, if you believe he has not disclosed his finances fully you can ask for other/more evidence but it may be up to a judge to then say yes he must or no he doesn’t have to. How easy would it be for him to hide what he is doing?

You need a forensic accountant rather than a PI.

Hiding assets on the financial disclosure commits 2 separate offences

1. fraud - defrauding the partner
2. contempt of court- for signing a document used by the court to make the agreement knowing you are losing, despite the warnings all over the form E AND D81

it could in theory lead to a criminal case and prison sentence, or failing that a hefty fine. BUT, crucially there are very, very few cases that have ever come to court despite how common it is. When I first heard that , whilst I was divorcing, I thought it was because courts were not bothering prosecuting people Or people weren’t being discovered

I was wrong. The divorce “process” find loads of cases, but before it gets to hearings. Amd usually by solicitors during mediation and negotiations. It starts with people like you telling your solicitor there is a possibility that spouse is illegally declaring. This usually results in solicitor (if you’re not using one yet then you need to get one for this bit) sending a strongly worded letter to other petitioner, or better their solicitor, giving the evidence you have for thinking he is trying to commit fraud. And reminding him of the serious criminal offence he is trying to start to committ. That works in most cases, partly becuase the spouses solicitor would also be struck off and lose their carer if they were found to have in any way aided and abetted a criminal offence. If that doesn’t work then use of a forensic accountant is needed. A private investigator ain’t going to have financial skill set or access to get the information or know what information is needed. Your solicitor will be the person who will advise you when you would need to resort to a forensic accountant- they aren’t cheap.

if subsequently, when the petition comes before the court and financial order is made, the spouse who has tried to committ fraud is defiantly frowned upon by the court, and if a consent order could not be reached , the court is likely to come down in favour of the party who did not try to committ a criminal act of fraud. One of few times courts will take behaviour into account.

private detectives being involved in divorce proceedings is a dead career since the divorce law changes last year. No fault divorce is now the only reason for divorce. No money to be made in trying to catch a spouse with their pants down or even gambling away the families assets. And past behaviour hasn’t been taken into account in courts making financial agreements for decades, except in exceptional circumstances where money has been made from beneifts of a crime.

so , nope, don’t use one. Wasting time, money and effort.

Your solicitor can advise on this. It's more a forensic accountant you need, they can track down financial shenanigans. My solicitor's practice had one they worked with, but in the end I didn't need it.

You need a forensic accountant. They aren't cheap but are absolutely worth the money. Also, don't settle for less than 50:50. I know you probably just want it over and done with as quickly and easierly as possible but you need to fight for what's yours.

@unsync @Wigglywoowho this is a thread from February 2023 which has been resurrected by spam.

Hi.
Long marriage to kids.
I am going through a very messy divorce.
My husband had a very well established sole trading business. He worked full time earning good money.
He is now declaring just as we have started the divorce that he is depressed and not able to work much if not at all now. He has cut down the amount he declares by half. But I believe he is still working full time but cash in hand.
He is also declares he is homeless and sofa surfing. When he is actually living with his parents. Also with enough money to buy or rent somewhere.
My question is. If I was to get a PI to follow him and prove he is working and to prove he is living at his parents. Would this stand up in court.
I have a solicitor and we are working together. He's very sneaky.
Please help.