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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

How to get proof of infidelity?

15 replies

AllabouttheE · 01/01/2014 10:17

Does it really matter in the long run? No. But having some proof for divorce proceedings would help the financial aspect be fairer.

Facebook is the culprit here. No texts to find on a phone bill.

Does anyone have any advice on getting into Facebook when the phone is never out of their hand. When you know the email address but can't fathom the password.

And any attempt to hack, is the user alerted to this?

OP posts:
bragmatic · 01/01/2014 10:20

Yes, I think the user might be alerted, if you're doing it from a different device.

Can you simply ask for the phone?

CogitoErgoSometimes · 01/01/2014 10:22

Doesn't really matter legally and has zero impact on the financial outcome of any divorce. You may need proof for your own personal satisfaction but that's a separate thing entirely. My view is that, if you strongly suspect, you are probably correct. You can either fret and fret waiting for evidence or you can confront the person and deal with the denials etc. Unlike the regular justice system, assume guilt and put the onus on them to prove conclusively that they are innocent. Preferably after kicking them out.

Good luck

AllabouttheE · 01/01/2014 10:25

This is female affair, proving her infidelity has impact on finances for father.
He will pay for children to remain in marital home. Proof surely helps him in long term financially?

OP posts:
AllabouttheE · 01/01/2014 10:27

Cogito. Denials have been made for a long time. This is a very unhappy relationship with a very manipulative woman holding all the cards.

The phone is never ever put if her possession and had a pass code lock.

OP posts:
CogitoErgoSometimes · 01/01/2014 10:31

Doesn't work like that. Marital assets and maintenance payment arrangements (assuming UK) are the same regardless of why the marriage ended. Infidelity included. There are legal minimums and benchmarks which can be thrashed out in court but usually the couple are encouraged to go the mediation route or agree to specifics independently and amicably. Same applies to co-parenting arrangements in all but DV or negligence cases.

CogitoErgoSometimes · 01/01/2014 10:33

Your male friend/relative needs to get proper legal advice and start making plans to end the relationship rather than keep subjecting himself to more insults and guesswork as he searches for this elusive evidence. That he can't trust his DW is reason enough to end things.

Kewcumber · 01/01/2014 10:35

As Cognito says - we have no fault divorce in the UK. The law doesn;t punish one partner for not behaving in a way the other partner approves of (however unfair that might seem if you are the injured party).

Use your energy in leaving and moving on.

Kewcumber · 01/01/2014 10:38

And if you produced proff in court of an affair gained by illegally hacking into someones facebook account - I suspect that you may end up on a very sticky wicket indeed as its illegal. Someone got 12 months in prison in 2012 for dong this.

bakingaddict · 01/01/2014 10:40

I thought proving infidelity was quite impossible for a divorce. Don't you need to have photographic evidence of them in the act, that's why most divorces go down the unreasonable behaviour route instead. Like Cogito says it wont make a jot of difference to what you have to pay anyway in the event of a divorce. Energy should be being redirected to making the divorce as pain free as possible especially if there are kids involved, just because some-one else acts like a twat doesn't mean you have to rise to it as well. Tell him to take a stand, move out and go and see a solicitor tomorrow

FloWhite · 01/01/2014 10:44

YY, other posters are correct. Infidelity does not make a difference to the financial settlement which begins with a 50/50 split and can be negotiated fairly from there.

FloWhite · 01/01/2014 10:46

The couple will have to try mediation before the court route will be considered necessary (unless there is DV or other abusive behaviour, I believe).

AllabouttheE · 01/01/2014 10:57

Thank you all.
The search for proof is because you can't believe the actions of your spouse, there is still hope when there is no proof.

I shall encourage my relative to abandon hope. And attempt to begin mediation. She really is a piece of work though. And he is very soft.

OP posts:
CogitoErgoSometimes · 01/01/2014 11:04

There may be hope but there's zero trust and that's the recipe for a long and miserable existence. I really don't like the expression but the only way your relative (brother?) is going to resolve this is to 'man up' i.e. take a hard line, see lawyers, stop wasting time looking for proof that is carefully hidden and show a bit of backbone. Even if she has no respect for him, he has to salvage his self-respect.

However, .... if he doesn't want to do any of the above there's damn all you can do about it.

str8tothepoint · 01/01/2014 15:59

I know if its a hotmail account you can click forgotten password link and it may either ask you to answer security questions which you may know the answer to or it can send a code number to a mobile if set up

Kewcumber · 01/01/2014 20:06

str8 - do you also know its illegal to hack into someone elses facebook account - before you go on record suggesting how to do it!

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